In this issue:

Withdrawal Symptoms: The Status of Section 2

Timothy Brennan, Jul 13, 2009

Predation, Exclusion, and Complement Market Monopolization

The handling of cases under the rubrics “monopolization,” “single-firm conduct,” or “abuse of dominance” continues to be debated by the competition policy community.

Daniel Crane, Jul 13, 2009

The Brief Life of the Section 2 Report and the Uncertain Future of Bundled Discounts

Despite the current rapprochement between the FTC and Antitrust Division, the skirmishing over the report left a sour taste in many mouths and may have been detrimental to the collective influence of the antitrust agencies

Keith Hylton, Jul 15, 2009

The Error Cost Approach to Section 2 Legal Standards

It is also an effort to reverse or set aside the adopted lessons of the error cost approach.

Bruce Kobayashi, Jul 13, 2009

Are Administrable Bright Line Rules Underutilized in Section 2 Analyses?

The widespread use of the rule of reason can be problematic, however, because of the inability of antitrust agencies and courts to reliably differentiate between pro- and anticompetitive conduct.

Howard Marvel, Jul 13, 2009

The New (Or is it Old?) Approach to Antitrust Regulation

The Section 2 Report envisions predictable, principled, and coherent enforcement. That’s a noble, if tough to achieve vision, but it is one that has little chance of materializing if antitrust embraces a whole set of conflicting concerns.

William Page, Jul 13, 2009

Identifying and Remedying Exclusionary Conduct: Microsoft, the DOJ Section 2 Report, and the New Administration

I will comment on two subsidiary but nonetheless critical subjects that the DOJ addressed in the Report: general (as opposed to practice-specific) standards of exclusion and affirmative-obligation (as opposed to prohibitory) remedies.

Michael Salinger, Jul 13, 2009

A Short History of the DOJ Section 2 Report

Given the embarrassing outcome of the Federal Trade Commission/Department of Justice (“FTC/DOJ”) single-firm conduct hearings, it is worth revisiting why the agencies held the hearings and what they were trying to accomplish.

Jul 15, 2009

The State of Single-Firm Conduct Policy

While it was clear that the Administration would not let the Report stand, what remains unclear is what exactly is the single-firm conduct policy of the United States and with respect to that policy what it will advocate internationally.

Joshua Wright, Jul 12, 2009

An Evidence-Based Approach to Exclusive Dealing and Loyalty Discounts

A sensible consensus view emerged that a necessary condition for anticompetitive harm in an exclusive dealing or de facto exclusive contract is that the contract deprives rivals of the opportunity to compete.