Antitrust Bulletin articles from March 2008

Antitrust Bulletin archives from March 2008

Spilled ink or economic progress? The Supreme Court's decision in Illinois Tool Works v. Independent Ink.(Symposium: The Economics of the Roberts Court)
March 22, 2008... I. INTRODUCTION The U.S. Supreme Court's decision in Illinois Tool Works, Inc. v. Independent Ink, Inc. (1) falls squarely within the Court's recent holdings that limit the application of the antitrust laws. (2) In a unanimous decision,...

Collaborations among competitors: Texaco, Inc. v. Dagher.(Symposium: The Economics of the Roberts Court)
March 22, 2008... I. INTRODUCTION Agreements among ostensible competitors have been judged harshly under antitrust law, especially in cases where such agreements accomplish collusive pricing or reductions in output. (1) But not all agreements among firms...

Wyerhaeuser, predatory bidding, and error costs.(Symposium: The Economics of the Roberts Court)
March 22, 2008... I. INTRODUCTION In Brooke Group Ltd. v. Brown & Williamson Tobacco Corp., (1) the Supreme Court held that the plaintiff in a predatory pricing lawsuit must show that the price during the predatory campaign was cut below some relevant...

Price discrimination and secondary-line competitive injury: the law versus the economics.(Symposium: The Economics of the Roberts Court)
March 22, 2008... I. INTRODUCTION The past several decades have witnessed considerable convergence between the law and economics applied to antitrust policy. (1) Over this period, economic analysis has been increasingly incorporated in both administrative...

Twombly and the evolution of telecom regulation. (Symposium: The Economics of the Roberts Court)
March 22, 2008... I. INTRODUCTION The Telecommunications Act of 1996 (1) (the 1996 Act) required that incumbent local phone service providers--predominantly the "Baby Bells" created by the breakup of AT&T (2)--lease elements of their upstream network...

Promoting competition under regulation: Nixon v. Missouri Municipal League. (Symposium: The Economics of the Roberts Court)
March 22, 2008... I. INTRODUCTION The passage of the Telecommunications Act of 1996 (1) (the Act) ushered in a new era of competition in the telecommunications industry in the United States. Among other requirements, with the passage of the Act incumbent...

The demise of Dr. Miles: some troubling consequences.(Symposium: The Economics of the Roberts Court)
March 22, 2008... I. INTRODUCTION In 1911, the Supreme Court found that resale price maintenance (RPM) was an unreasonable restraint of trade in its ill-advised Dr. Miles (1) decision. For nearly a century, RPM remained a per se illegal vertical price...

The Roberts Court after two years: antitrust, intellectual property rights, and competition policy. (Symposium: A Continuing Symposium on Antitrust and the Roberts Court)
March 22, 2008... The Supreme Court under Chief Justice John Roberts has rendered only one decision, Illinois Tool Works Inc. v. Independent Ink, Inc., (1) that explicitly addresses the relationship between antitrust and intellectual property rights. But there...

Market power, antitrust policy, and the Roberts Court.(Symposium: A Continuing Symposium on Antitrust and the Roberts Court)
March 22, 2008... "The rule is, jam tomorrow, and jam yesterday--but never jam today." "It must come sometime to 'jam today'," Alice objected. "No, it can't," said the Queen. "It's jam every other day; today isn't any other day, you know." --LEWIS...

The petroleum industry, merger enforcement, and the Federal Trade Commission.(Symposium: A Continuing Symposium on Antitrust and the Roberts Court)
March 22, 2008... I. INTRODUCTION Perceived "high" gasoline prices in the United States have captured perhaps more public policy attention than any other commodity issue in the last half-decade. Retail prices are approaching 25-year highs and the intensity...