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

This article is part of a Chronicle. See more from this Chronicle Joshua Wright, Nov 17, 2006 On November 15, 2006, Joshua Wright presented testimony before the U.S. Department of Justice and Federal Trade Commission at the Public Hearing on Single-Firm Conduct and Antitrust Law. This viewpoint is a summary of his testimony. Exclusive dealing […]

The Law and Economics of Tying

This article is part of a Chronicle. See more from this Chronicle David Evans, Christian Ahlborn, Jorge Padilla, Michael Salinger, Nov 03, 2006 GCP is the occasional publisher of topic-based ebooks — electronic compilations of previously published work by notable competition authories. This GCP collection features the research and insights of several economists and practitioners […]

Predatory Price Cutting: Notes and Comments

Sep 01, 2005 In this article, Professor Yamey reviews the post-war contributions to the literature and analysis of predatory price cutting. While the point has been made frequently in the literature on predatory pricing that the practice makes little sense where entry into the industry in question is easy, the author gives several examples that […]

Predatory Pricing and Related Practices under Section 2 of the Sherman Act

Sep 01, 2005 A firm may reduce its prices in an attempt to destroy its rivals or to deter new entry. Although the Sherman Act has long been construed to prohibit this practice, the case law on predatory pricing has been characterized by vagueness and a paucity of economic analysis. In this Article, Professors Areeda […]

Classic Papers on Predatory Pricing

Keith Hylton, Sep 01, 2005 Perhaps no area of antitrust law provokes as much controversy as predatory pricing, the theory that a firm violates the antitrust laws by setting its price too low. Under the standard definition, predatory pricing involves a strategy of cutting price below the level at which a competitor can survive in […]

Below-Cost Pricing and Loyalty-Inducing Discounts: Are They Restrictive and If So, When?

Alberto Heimler, Sep 01, 2005 Abuse of dominance is the area where the divergence between U.S. and EC antitrust enforcement practices is still very significant. In particular, in the European Community, the identification of price abuses is mostly based on the abstract ability to exclude, while in the United States, the emphasis is mainly on […]

Loyalty Rebates: An Assessment of Competition Concerns and a Proposed Structured Rule of Reason

David Spector, Sep 01, 2005 Like most pricing practices, loyalty rebates may benefit or harm consumers according to the circumstances. This paper reviews the pro-competitive and anticompetitive motives for loyalty rebates. This paper concludes by proposing a structured rule of reason for the antitrust handling of loyalty rebates cases.

The Article 82 Review Process and Its Impact on Compulsory Licensing of IP Rights

Alicia Van Cauwelaert, Apr 01, 2006 This paper reviews the position put forward by the Commission in relation to the concept of an exclusionary abuse, the meaning of dominance, and the use of an efficiency defense. In particular, the paper looks at refusal to supply cases involving IP rights and the impact the Article 82 […]

Review of O´Donoghue and Padilla, The Law and Economics of Article 82 EC

Richard Whish, Nov 01, 2006 The extent to which EC competition law has been modernized in the last decade is really quite breathtaking. Most radical of all, perhaps, was the Modernization Regulation, a product of the Commission being prepared to think the unthink-able: to dismantle the notification system established in 1962 and in its place […]

An Economic Approach to Article 82

Jordi Gual, Anne Perrot, Michele Polo, Patrick Rey, Klaus Schmidt, Rune Stenbacka, Apr 01, 2006 This report argues in favour of an economics-based approach to Article 82, in a way similar to the reform of Article 81 and merger control. In particular, the authors support an effects-based rather than a form-based approach to competition policy. […]

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