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Articles 1 - 8 of 8

Full-Text Articles in Antitrust and Trade Regulation

Tying Meets The New Institutional Economics: Farewell To The Chimera Of Forcing, Alan J. Meese Sep 2019

Tying Meets The New Institutional Economics: Farewell To The Chimera Of Forcing, Alan J. Meese

Alan J. Meese

No abstract provided.


Raising Rivals' Costs: Can The Agencies Do More Good Than Harm?, Alan J. Meese Sep 2019

Raising Rivals' Costs: Can The Agencies Do More Good Than Harm?, Alan J. Meese

Alan J. Meese

No abstract provided.


Monopoly Bundling In Cyberspace: How Many Products Does Microsoft Sell?, Alan J. Meese Sep 2019

Monopoly Bundling In Cyberspace: How Many Products Does Microsoft Sell?, Alan J. Meese

Alan J. Meese

No abstract provided.


Price Theory, Competition, And The Rule Of Reason, Alan J. Meese Sep 2019

Price Theory, Competition, And The Rule Of Reason, Alan J. Meese

Alan J. Meese

Challenging traditional antitrust jurisprudence, Professor Alan J. Meese argues that the present structure of Rule of Reason analysis, applied pursuant to Standard Oil v. United States, has become outdated. The Rule of Reason as currently applied by the courts rests upon neoclassical price theory, an economic paradigm that assumes that legitimate competition consists of unbridled technological rivalry, unconstrained by nonstandard contracts. Recently, however, the Supreme Court has begun to apply a competing paradigm- Transaction Cost Economics-when determining whether a contract is unreasonable "per se" or instead deserving of Rule of Reason scrutiny. Professor Meese argues that Transaction Cost Economics more …


Liberty And Antitrust In The Formative Era, Alan J. Meese Sep 2019

Liberty And Antitrust In The Formative Era, Alan J. Meese

Alan J. Meese

No abstract provided.


Don't Disintegrate Microsoft (Yet), Alan J. Meese Sep 2019

Don't Disintegrate Microsoft (Yet), Alan J. Meese

Alan J. Meese

No abstract provided.


Debunking The Purchaser Welfare Account Of Section 2 Of The Sherman Act: How Harvard Brought Us A Total Welfare Standard And Why We Should Keep It, Alan J. Meese Sep 2019

Debunking The Purchaser Welfare Account Of Section 2 Of The Sherman Act: How Harvard Brought Us A Total Welfare Standard And Why We Should Keep It, Alan J. Meese

Alan J. Meese

The last several years have seen a vigorous debate among antitrust scholars and practitionersa bout the appropriates tandardf or evaluating the conduct of monopolists under section 2 of the Sherman Act. While most of the debate over possible standards has focused on the empirical question of each standard's economic utility, this Article undertakes a somewhat different task: It examines the normative benchmark that courts have actually chosen when adjudicating section 2 cases. This Article explores three possible benchmarks-producer welfare, purchaser welfare, and total welfare-and concludes that courts have opted for a total welfare normative approach to section 2 since the …


Antitrust Balancing In A (Near) Coasean World: The Case Of Franchise Tying Contracts, Alan J. Meese Sep 2019

Antitrust Balancing In A (Near) Coasean World: The Case Of Franchise Tying Contracts, Alan J. Meese

Alan J. Meese

No abstract provided.