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Full-Text Articles in Law
Scalia And Antitrust, Keith N. Hylton
Scalia And Antitrust, Keith N. Hylton
Faculty Scholarship
Ask almost anyone in Massachusetts, or in any other predominantly liberal American state, what they think about Justice Antonin Scalia, and you are bound to hear comments, not a few of them derisory, about original intent as an approach to constitutional law. This was true long before his death on February 13, 2016, and is still true today. The theory of originalism, the notion that the Constitution should be interpreted in accordance with the intent of its framers, had become so closely associated with Scalia that the man had become the living embodiment of the theory.
The Lawful Acquisition And Exercise Of Monopoly Power And Its Implications For The Objectives Of Antitrust, Keith N. Hylton, David S. Evans
The Lawful Acquisition And Exercise Of Monopoly Power And Its Implications For The Objectives Of Antitrust, Keith N. Hylton, David S. Evans
Faculty Scholarship
The antitrust laws of the United States have, from their inception, allowed firms to acquire significant market power, to charge prices that reflect that market power, and to enjoy supra-competitive returns. This article shows that this policy, which was established by the U.S. Congress and affirmed repeatedly by the U.S. courts, reflects a tradeoff between the dynamic benefits that society realizes from allowing firms to secure significant rewards, including monopoly profits, from making risky investments and engaging in innovation; and the static costs that society incurs when firms with significant market power raise price and curtail output. That tradeoff results …
Reply To Grimes: Illusory Distinctions And Schisms In Tying Law, Keith N. Hylton, Michael Salinger
Reply To Grimes: Illusory Distinctions And Schisms In Tying Law, Keith N. Hylton, Michael Salinger
Faculty Scholarship
We applaud Professor Grimes's thoughtful analysis of the D.C. Circuit's decision in United States v. Microsoft (Microsoft III) and of our article. Professor Grimes has entered into precisely the debate that we argued should lay the foundation for the law on tying. In addition, one of Professor Grimes's themes is that the issues of tying law cannot be viewed in isolation but, instead, within a coherent philosophy of antitrust. We agree with him on that principle.
Procompetitive Theories Of Vertical Control, Andy C.M. Chen, Keith N. Hylton
Procompetitive Theories Of Vertical Control, Andy C.M. Chen, Keith N. Hylton
Faculty Scholarship
In this paper, we survey procompetitive theories of vertical arrangements, and examine how these theories could be organized to aid interpretation of antitrust law. Given the ever-expanding body of literature in this area, this is a daunting task which we cannot hope to complete in a single article. Nevertheless, we find a market-structure based survey a helpful approach. We have introduced various procompetitive theories in connection with the market structures in which they are likely to be applicable, though we do not claim they could only operate within a specific market context. Our approach should aid antitrust courts in setting …