Antitrust Bulletin articles from March 1997

Antitrust Bulletin archives from March 1997

Introduction: antitrust and the economics of the public interest.(Symposium: Economics of Antitrust Enforcement)
March 22, 1997... In empowering the Federal Trade Commission to investigate and prosecute antitrust cases, Congress mandated that Whenever the Commission shall have reason to believe that any . person, partnership, or corporation has been or is using...

The capacity-diversion defense in Owens-Illinois and Donnelley.(Symposium: Economics of Antitrust Enforcement)
March 22, 1997... In two recent antitrust cases, Owens-Illinois and Donnelley, the Federal Trade Commission issued complaints charging that proposed acquisitions would result in discriminatory price increases to a subset of customers with relatively inelastic...

Comment. (response to article by David Glasner in this issue, p. 5)(Symposium: Economics of Antitrust Enforcement)
March 22, 1997... In this article, David Glasner presents both a discerning, investigative exposition of two recent cases and a rather disturbing exposition of economic analysis gone awry. Although the main question he raises seems to be whether the...

Should "vaporware" be an antitrust concern?(Symposium: Economics of Antitrust Enforcement)
March 22, 1997... "Vaporware" is commonly considered to be computer software that either is not available to the public at a previously announced date or does not possess the features or capabilities promised when the software was announced.(1) The anticompetitive...

Comment. (response to article by Stephan M. Levy in this issue, p. 33)(Symposium: Economics of Antitrust Enforcement)
March 22, 1997... Stephan Levy's excellent work makes significant strides toward understanding the nature and import of a fascinating phenomenon, and deserves very careful consideration by all involved with what may (or may not) be vaporware. First, a matter...

Comment. (response to article by Lawrence Wu and De-Min Wu in this issue, p. 51)(Symposium: Economics of Antitrust Enforcement)
March 22, 1997... In Measuring the Degree of Interindustry Competition in U.S. v. Continental Can, Lawrence Wu and De-Min Wu examine the question of how we can measure the extent to which the markets of related industries are integrated. The article is motivated...

Antitrust decision making and the Supreme Court: perspectives from the Thurgood Marshall papers.(Symposium: Economics of Antitrust Enforcement)
March 22, 1997... I. Introduction In the field of American economic regulation, the antitrust statutes give judges unparalleled discretion to determine the outcome of litigated disputes by devising new rules of law or choosing among possible applications...

Comment. (response to article by William E. Kovacic in this issue, p. 93)(Symposium: Economics of Antitrust Enforcement)
March 22, 1997... In Antitrust Decision Making and the Supreme Court: Perspectives from the Thurgood Marshall Papers, William Kovacic asks a very interesting question: How do Supreme Court justices make decisions in antitrust disputes? This question is of interest...

Importing the Merger Guidelines market test in section 2 cases: potential benefits and limitations. (section 2 of the Sherman Act)
March 22, 1997... One essential element of any monopolization claim under section 2 of the Sherman Act is monopoly power in a relevant antitrust market.(1) The definition of the relevant market in Sherman Act section 2 cases is often of signal importance in...

Product differentiation through space and time: some antitrust policy issues.
March 22, 1997... After a century of interpreting the Sherman Act, antitrust has learned how to do some things quite well. We understand what is wrong with naked horizontal price fixing and market division, and we have developed strong tools to deal with those...

International Mergers: The Antitrust Process, 2d ed.
March 22, 1997... Five years ago, I reviewed the first edition of international Mergers: The Antitrust Process by J. William Rowley and Donald I. Baker for this journal.(1) At that time, I wrote: International Mergers: The Antitrust Process is an extremely...

Mergers and Joint Ventures in Europe: The Law and Policy of the EEC, 2d ed.
March 22, 1997... Frank L. Fine London: Graham & Trotman/Martinus Nijhoff (2d ed. 1994), 778 pp., $256. Frank L. Fine has written a second edition of Mergers and Joint Ventures in Europe: The Law and Policy of the EEC. Unfortunately, the first edition was...