Dec-06(1) & (2)

In this issue:

Bundled Rebates and Exclusive Dealing: Recent Testimony before the FTC/DOJ

Joshua Wright, Nov 17, 2006

Testimony on Exclusive Dealing for the DOJ/FTC Hearings on Single-Firm Conduct and Antitrust Law

An increasing number of these exclusive dealing cases allege that slotting contracts impair rivals and ultimately harm competition. A theme in these cases appears to be that some form of exclusivity term explicitly limiting rivals – access to shelf space appears to be a necessary condition for antitrust liability.

Thomas Lambert, Nov 29, 2006

Testimony on Bundled Discounts for DOJ/FTC Hearings on Single-Firm Conduct and Antitrust Law

Bundled discounts present a classic example of what Judge Easterbrook calls “the puzzle of exclusionary conduct.” That puzzle exists because “competitive and exclusionary conduct look alike,” and it is often difficult for courts to condemn the latter without discouraging the former.

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