Comment on Cooper et al.’s “Vertical Restrictions and Antitrust Policy”

F.M. Scherer, Sep 01, 2005 This paper provides a critical analysis of the paper on vertical restraints and competition policy by James Cooper et al. The author expresses mild disagreement concerning the origins and content of the relevant theory, although he agrees that theory offers ambiguous guidance to antitrust enforcers. This content is for paid […]

Determinants of Private Antitrust Enforcement in the United States

Leah Brannon, Douglas Ginsburg, Sep 01, 2005 This paper offers a historical overview of private antitrust enforcement in the United States and an explanation of why private case filings have increased and decreased over the years. It addresses: (1) some of the general factors influencing the level of private litigation; (2) the historical trend in […]

Judicial Review in EC and U.S. Antitrust Law

Valentine Korah, Sep 01, 2005 The first two articles of this issue are based on presentations for the inaugural edition of the University College London Antitrust Forum held on March 3, 2005. Sir Christopher Bellamy, President of the U.K. Competition Appeal Tribunal, chaired the event. Bo Vesterdorf, President of the European Court of First Instance […]

Vertical Restrictions and Antitrust Policy: What About the Evidence?

James Cooper, Luke Froeb, Daniel O’Brien, Michael Vita, Sep 01, 2005 Until theory can be used to determine how likely it is that a restraint will lead to an anticompetitive outcome, decision makers will be left with a considerable amount of uncertainty. In this world, enforcement decisions should be guided by prior beliefs and loss […]

The Law of Exclusionary Pricing

Herbert Hovenkamp, Apr 01, 2006 The success of the Areeda-Turner test for predatory pricing and the U.S. Supreme Court’s adoption of demanding proof requirements in its 1993 Brooke Group decision have made it very difficult for plaintiffs to win conventional predatory pricing claims. While many challenges to exclusionary pricing continue to be made, the legal […]

Weyerhaeuser Co. v. Ross-Simmons

This article is part of a Chronicle. See more from this Chronicle David Park, William Rooney, Nov 02, 2006 In a relatively rare “predatory bidding” case, Weyerhaeuser Co. v. Ross-Simmons has been granted certiorari by the U.S. Supreme Court, apparently in a effort to clarify whether the antitrust laws protect price competition on the buy […]

Commerce Clause Constraints on State Business Location Incentives

Peter Enrich, Nov 01, 2006 This article considers whether, and to what extent, the Commerce Clause limits the ability of states and localities to engage in the incentive competition that has proliferated in recent decades. In particular, the author argues that well-established Commerce Clause principles forbid a wide range of the location-based tax incentives that […]

The Economics of Welfare Standards in Antitrust

Joseph Farrell, Michael Katz, Nov 01, 2006 There has been considerable debate concerning whether consumer surplus or total surplus should be the welfare standard for antitrust. This debate misses two critical issues. First, antitrust is not straightforwardly welfarist. It does not maximize but protects, and it does not forbid all actions that seem likely to […]

Welfare Standards and Merger Analysis: Why Not the Best?

Ken Heyer, Nov 01, 2006 The author argues for using the total welfare standard, rather than the more commonly employed consumer welfare standard. In doing so, Heyer responds to three broad objections that have been raised. One is that use of a total welfare standard conflicts with antitrust law, or at least with legal precedent. […]

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