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Full-Text Articles in Law
Ftc V. Lundbeck: Is Anything In Antitrust Obvious, Like, Ever?, Chris Sagers, Richard M. Brunell
Ftc V. Lundbeck: Is Anything In Antitrust Obvious, Like, Ever?, Chris Sagers, Richard M. Brunell
Law Faculty Articles and Essays
In FTC v. Lundbeck, the Eighth Circuit affirmed a bench verdict finding a merger to monopoly, followed by a 1400% price increase, not only legal, but effectively not even subject to antitrust. The result followed from the district court's view that peculiarities in the market for hospital-administered drugs rendered it essentially immune from price competition. That being the case, the court found that even products very plainly substitutable on any traditional "functional interchangeability" analysis are not in the same "relevant market" for purposes of rules governing horizontal mergers. We think the court's analysis was incorrect for a number of …
Meeting Competition In Good Faith, And The Premium Product, Arthur D. Austin
Meeting Competition In Good Faith, And The Premium Product, Arthur D. Austin
Cleveland State Law Review
The broad purpose of the Robinson-Patman Act is to prohibit sellers from granting price allowances, and other specified benefits which give competitive advantage to a purchaser and also discriminate against his competitors. It came into existence largely because the Clayton Act had proven ineffective in dealing with the chain store, which made sizeable capital investments "in facilities for performing bulk storage, redelivery, and financing, so as to 'integrate' the retailing and wholesaling functions... and to eliminate middleman profits by dealing with the manufacturer directly." The claims generated such concern among the independents that they demanded and obtained legislative relief. Whether …