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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