Exclusive Dealing: Before Bork, and Beyond

Posted by D. Daniel Sokol

J. Mark Ramseyer, Harvard Law School and Eric Bennett Rasmusen, Indiana University Bloomington – Department of Business Economics & Public Policy discuss Exclusive Dealing: Before Bork, and Beyond

ABSTRACT: Antitrust scholars have come to accept the basic ideas about exclusive dealing that Bork articulated in The Antitrust Paradox. Indeed, they have even extended his list of reasons why exclusive dealing can promote economic efficiency. Yet they have also taken up his challenge to explain how exclusive dealing could possibly cause harm, and have modelled a variety of special cases where it does. Some (albeit not all) of these are sufficiently plausible to be useful to prosecutors and judges.