Antitrust Bulletin articles from June 1993

Antitrust Bulletin archives from June 1993

Predatory pricing and the meaning of intent.
June 22, 1993... I. Introduction In a recent decision,(1) Judge Frank Easterbrook boldly stated that judges and juries should ignore questions of intent in antitrust cases dealing with predatory conduct. Writing for a unanimous three-judge panel,...

An economic profile of export trading companies.
June 22, 1993... I. Introduction This article is the first empirical study of Export Trading Companies (ETCs). Export Trading Companies are enterprises--often groups of firms--that obtain limited antitrust immunity under the Export Trading Company Act...

Consistency between the law and its enforcement: the case of mergers.
June 22, 1993... According to Adam Smith, a necessary condition for the efficient operation of a free-enterprise economy is a government that establishes "an exact administration of justice."(1) This requires a set of well-defined rules that promote social...

Product differentiation and the ability to collude: where being different can be an advantage.
June 22, 1993... I. Introduction Economic models of collusion are central to antitrust policy. Besides their direct application to price fixing and "conscious parallelism" cases, the analyses of the Department of Justice Merger Guidelines and the...

Comparative antitrust damages in bid-rigging cases: some findings from a used vehicle auction.
June 22, 1993... I. Introduction In order to recover antitrust damages, the plaintiff in a bid-rigging case must be able mi prove the amount of the price change suffered as a result of a conspiracy. However, despite a large theoretical literature on...

The causes and consequences of Webb-Pomerene associations: a reappraisal.
June 22, 1993... I. Introduction The 1918 Export Trade Act, more commonly known as the Webb-Pomerene Act, permits firms in any commodity-producing industry to form . . .an association entered into for the sole purpose of engaging in export...

Antitrust immunity for shipping conferences: an empty core approach.
June 22, 1993... The Federal Maritime Commission (FMC), the Federal Trade Commission, and the Department of Justice, responding to a requirement in the U.S. Shipping Act of 1984, have recently issued reports on the conference system in international ocean...

Competition policy in developing countries pursuing structural adjustment.
June 22, 1993... I. Introduction Industrial countries have long considered competition policy and enforcement as an indispensable component of the regulatory toolkit in a market economy. Conversely, until recently most low- and middle-income countries...

EEC Competition Law: A Practitioner's Guide.
June 22, 1993... There was a time when comprehensive sources on EEC competition law were rare. This is no longer true. The EC is one of the great success stories of our time, and the study of EC law is a necessity for all lawyers representing international...