Antitrust Bulletin articles from September 2008

Antitrust Bulletin archives from September 2008

Farewell to the Robinson-Patman Act? The Antitrust Modernization Commission's report and recommendation. (Symposium: The Antitrust Modernization Commission)
September 22, 2008... The Antitrust Modernization Commission (the Commission), was created by Congress in 2002 (1) and began its work in 2004. The Commission was charged with examining "whether the need exists to modernize the antitrust laws and to identify and...

Exclusionary bundled discounts and the Antitrust Modernization Commission. (Symposium: The Antitrust Modernization Commission)
September 22, 2008... I. INTRODUCTION: BUNDLED DISCOUNTS AND THE ANTITRUST MODERNIZATION COMMISSION TEST A bundled discount occurs when a seller charges less for a bundle of goods than for its components when they are sold separately. A characteristic of such...

The law and economics of bundled pricing: LePage's, PeaceHealth, and the evolving antitrust standard.(Symposium: The Antitrust Modernization Commission)
September 22, 2008... I. INTRODUCTION It has become obvious since LePage's (1) that antitrust standards with regard to bundled pricing must be clarified. The Third Circuit in LePage's condemned bundled price discounts where it appeared that the discounts served...

Assessing the anticompetitive effects of multiproduct pricing. (Symposium: The Antitrust Modernization Commission)
September 22, 2008... I. INTRODUCTION Pricing strategies that link purchases of different goods and offer discounts present a challenge to antitrust. When do such approaches, such as bundling, tying, and bundled loyalty discounts, represent price-cutting...

Unilateral refusals to deal and the Antitrust Modernization Commission Report.(Symposium: The Antitrust Modernization Commission)
September 22, 2008... I. INTRODUCTION On the subject of unilateral refusals to deal, the Antitrust Modernization Commission (the Commission) recommends that "refusals to deal with rivals in the same market should rarely, if ever, be unlawful under antitrust...

Antitrust sanctions: deterrence and (possibly) overdeterrence. (Symposium: The Antitrust Modernization Commission)
September 22, 2008... I. INTRODUCTION Antitrust enforcement in the United States is an odd mixture of public and private efforts. The Antitrust Division of the Department of Justice (DOJ) has a limited enforcement budget and pursues relatively few cases each...

Missed opportunity: the enforcement recommendations of the Antitrust Modernization Commission. (Symposium: The Antitrust Modernization Commission)
September 22, 2008... I. INTRODUCTION Moderation in law reform is often a virtue. When the object of scrutiny is a bedrock form of economic regulation, shaped largely by judicial decisions, honed over the course of more than a century, and by most accounts...

Class interpleader: the Antitrust Modernization Commission's recommendation to overrule Illinois Brick. (Symposium: The Antitrust Modernization Commission)
September 22, 2008... I. INTRODUCTION Like most informed observers, the Antitrust Modernization Commission (the Commission) has concluded that indirect purchaser litigation in the United States is unnecessarily costly and does not serve a sensible antitrust...

Reflections on the Antitrust Modernization Commission's report and recommendations relating to the antitrust/IP interface. (Symposium: The Antitrust Modernization Commission)
September 22, 2008... INTRODUCTION Since the early 1980s, a consensus has emerged among antitrust scholars and policymakers that intellectual property (IP) law--the law of patents, copyrights, trademarks, and the like--and antitrust are complementary, rather...

Leegin Creative Leather Products, Inc. v. PSKS, Inc.: the strange career of the law of resale price maintenance. (Symposium: A Continuing Symposium on Antitrust and the Roberts Court)
September 22, 2008... In Leegin Creative Leather Products, Inc. v. PSKS, Inc. (1) the Supreme Court overruled one of the oldest and most important decisions in the history of antitrust, Dr. Miles Medical Co. v. John D. Parke & Sons Co. (2) The overruling is less...