Antitrust Bulletin articles from June 2008

Antitrust Bulletin archives from June 2008

Defining buyer power.
June 22, 2008... I. INTRODUCTION A casual reader of the literature on buyer power can be forgiven for feeling confused about what buyer power means. There are numerous definitions of buyer power that differ in both form and substance. Compounding the...

Vertical competition, horizontal competition, and market power.
June 22, 2008... I. THE ROLE OF VERTICAL COMPETITION Buyer power is the subject of this special issue. Buyer power is one of a series of interrelated vertical and horizontal competitive forces at different stages that together determine market power....

Buyer power, competition policy, and antitrust: the competitive effects of discrimination among suppliers.
June 22, 2008... Buyer power poses challenges for competition policy generally as well as for antitrust law in particular. Historically, the visible problems have come in labor and agricultural commodity markets. More recently, large retailers have been the...

Buyer power in the U.K. groceries market.
June 22, 2008... I. INTRODUCTION Grocery purchases represent a sizeable proportion of consumers' total expenditure. In 2005, sales of grocery products in the United Kingdom amounted to 124 billion [pounds sterling] (approximately $240 billion),...

Controlling above-cost predation: an alternative to Weyerhaeuser and Brooke Group.
June 22, 2008... I. INTRODUCTION The result in Weyerhaeuser (1) was widely expected. The Supreme Court had not ruled for a plaintiff in an antitrust case since 1993. (2) And the principal practice at issue--predatory bidding--was similar in many respects...

Weyerhaeuser's aftermath: increased vulnerability of resource-based input markets to monopsony.
June 22, 2008... I. INTRODUCTION In its 2007 decision in Weyerhaeuser v. Ross-Simmons Hardwood Lumber Company, Inc., (1) the Supreme Court extended its Brooke Group (2) price-cost test from the sell-side to the buy-side, holding that the analytical...

Buyer power litigation in agriculture: Pickett v. Tyson Fresh Meats, Inc.
June 22, 2008... I. INTRODUCTION Disproportionate buyer power has been of concern to farmers and ranchers throughout much of the history of American agriculture. An historic political and legal battle over buyer power began in the late 1800s over...