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Full-Text Articles in Antitrust and Trade Regulation
Collusion Over Rules, Robert H. Lande, Howard P. Marvel
Collusion Over Rules, Robert H. Lande, Howard P. Marvel
All Faculty Scholarship
Many instances of anticompetitive collusion are designed not to affect prices and output directly, but rather to shape the rules under which competition takes place. They help to cushion competitors from hard competition through such "rules" as restraints on advertising, sham ethical codes, or bans on discounts, coupons, "free" services, or extended hours of operation. Instead of collusion directly over outcomes, firms attuned to the strategic impact of their activities often agree on ways in which to shape their environments in order to soften competition and to insulate themselves from hard competition in ways that will lead to higher prices. …
The Essential Facilities Doctrine Under United States Antitrust Law, Robert Pitofsky, Donna Patterson, Jonathan Hooks
The Essential Facilities Doctrine Under United States Antitrust Law, Robert Pitofsky, Donna Patterson, Jonathan Hooks
Georgetown Law Faculty Publications and Other Works
The issue of essential facilities has attracted renewed attention in Europe in recent years because of the controversy between IMS Health Inc. and NDC Health Corporation, two competitors in pharmaceutical data services in Germany . . . After an extensive investigation, the European Commission (EC) ordered that IMS grant access to the 1860 brick structure on commercially reasonable terms, and the EC decision is now on appeal in the Court of First Instance in Luxembourg. One issue that emerged in that litigation is whether a decision by European authorities to grant access to the alleged essential facility, especially one whose …