From Microsoft to Google: eyes wide shut on predatory innovation?

From Microsoft to Google: eyes wide shut on predatory innovation?

CPI Europe Column edited by Anna Tzanaki (Competition Policy International) & Juan Delgado (Global Economics Group) presents: From Microsoft to Google: eyes wide shut on predatory innovation? By Dr. Thibault Schrepel   Click here for a PDF version of the article  On June 27, 2017, the European Commission (“Commission”) has fined Google 2.7 billion dollars1 for having abused its dominant […]

Section 2 and the Rule of Reason: Report from the Front

Section 2 and the Rule of Reason:  Report from the Front

By Mark S. Popofsky & Ariel A. Martinez Courts remain, in the words of one observer, mired in an “exclusionary conduct ‘definition’ war.” Applying Section 2’s broad prohibition on “monopolizing” conduct requires courts to select a governing legal test. Section 2 legal tests run the spectrum from rules of per se legality to rules of […]

Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co.: Extending The Rule of Brooke Group, But How Far?

This article is part of a Chronicle. See more from this Chronicle David Olsky, Feb 22, 2007 The general legal standard for determining whether unilateral conduct violates Section 2 of the Sherman Act is murky, to say the least. Many courts have employed a “totality of the circumstances” approach, leaving it to the jury to […]

The Analysis of Tying Cases: A Primer

Jean Tirole, Apr 01, 2005 This primer analyzes factors that make ties more likely either to hurt or to benefit consumers. It first identifies factors that influence where the impact of tying on competition in the tied market stands, ranging from little impact on the rivals’ ability to compete to total exclusion of competitors. Then, […]

Ineffective Pricing Abuses

Sep 19, 2013 CPI Europe Column edited by Anna Tzanaki (Competition Policy International) presents: Ineffective Pricing Abuses by Daniel Piccinin (Barrister, Brick Court Chambers, London) (Click here for a PDF version of the article.) Intro by Anna Tzanaki (Competition Policy International) This month’s issue of the Europe Column hosts Daniel Piccinin (Brick Court Chambers) who […]

Tied and True Exclusion: Comment on Jean Tirole’s “The Analysis of Tying Cases”

Barry Nalebuff, Apr 01, 2005 The takeaway point of Tirole’s excellent primer is that tying, while potentially exclusionary, does not deserve special treatment. This commentary offers two reasons why tying should be accorded special treatment. First, unlike predatory pricing, tying offers a monopolist the ability to engage in no-cost predation. A critical component of the […]

How Economics Can Improve Antitrust Doctrine towards Tie-In Sales: Comment on Jean Tirole’s “The Analysis of Tying Cases”

Dennis Carlton, Michael Waldman, Apr 01, 2005 Tirole has written an excellent primer focused on what is known about tying and what he believes is desirable antitrust policy concerning the practice. Although the authors agree with most of Tirole’s arguments, there are two topics for which their perspective is somewhat different. First, he discusses situations […]

Pacific Bell Telephone Co. v. linkLine Communications, Inc.: The Supreme Court Provides Clarity Sort Of

This article is part of a Chronicle. See more from this Chronicle David Olsky, Apr 15, 2009 Much of the commentary published since thelinkLine decision has focused on the first part of the Court’s ruling. Specifically the Court held that, per its earlier ruling in Verizon Communications Inc. v. Law Offices of Curtis V. Trinko, […]

The linkLine Judgment A European Perspective

This article is part of a Chronicle. See more from this Chronicle Francisco Enrique Gonzalez-Diaz, Jorge Padilla, Apr 15, 2009 In the United States, the debate about margin squeeze has been linked to the more general debate about whether the antitrust laws should protect competition (no margin squeeze as an independent claim) or competitors (margin […]

Leveraging Non-Contestability: Exclusive Dealing and Rebates under the Commission’s Article 82 Guidance

This article is part of a Chronicle. See more from this Chronicle Brian Sher, Feb 11, 2009 Rebates was always the hardest exclusionary abuse. Navigating through the DG Competition Staff Discussion Paper of 2005, the retroactive rebate section felt like Ellen MacArthur’s description of sailing fast in the Southern Ocean at night (“lashing rain no […]

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