Antitrust Bulletin articles from September 2005

Antitrust Bulletin archives from September 2005

Bundled rebates: the quest for an antitrust theory.
September 22, 2005... The Third Circuit's en banc decision in LePage's Inc. v. 3M (1) has sparked a lively conversation among antitrust practitioners, economists, and academics of various stripes about the perceived need for a cogent standard to apply in determining...

Exclusionary bundling.
September 22, 2005... I. INTRODUCTION This article introduces the concept of "exclusionary bundling." Under exclusionary bundling, a firm with market power in good A and facing actual (or potential) competition in good B prices an A-B bundle in a way that makes...

Exclusive dealing, the theory of the firm, and raising rivals' costs: toward a new synthesis.
September 22, 2005... Exclusive dealing is ubiquitous. Most lawyers and professors have exclusive agreements with their employers. A professor at William and Mary cannot simultaneously teach at Washington and Lee, at least not without the former's consent. (1) A...

Distinguishing competitive and exclusionary uses of loyalty discounts.
September 22, 2005... Loyalty rebates have sprung into prominence as a potential anticompetitive practice by dominant firms due to several recent cases on both sides of the Atlantic. Examples include Michelin (1) in Europe, LePage's (2) in the United States, and...

Deconstructing Chicago on exclusive dealing.
September 22, 2005... I. INTRODUCTION One popular way to frame the antitrust analysis of a vertical practice such as exclusive dealing is to assess the probability that it serves efficiency. When exclusive dealing is observed, is it aimed at efficiency or at...

Defending the result in LePage's v. 3M: a response to other commentators.
September 22, 2005... The purpose of this article, which largely recapitulates my remarks at the March 18, 2004, Antitrust Division conference, is not to set out a comprehensive analysis of bundled rebates, but to respond to a few of the points that others made in...

Keynote address: vertical restrictions and "fragile" monopoly.
September 22, 2005... Thank you Hew [Pate], for that very generous introduction. It's a pleasure to be here. Concerning the issue that is the subject of the conference, let me say how much I enjoyed the morning session. I thought that it was a really outstanding...

Achieving better practices in the design of competition policy institutions.
September 22, 2005... I. INTRODUCTION Efforts to promote convergence among the world's competition policy systems often urge the adoption of what we call "best practices." This is an unmistakably valuable endeavor. The experimentation inherent in the...