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Antitrust and Trade Regulation

Georgetown University Law Center

Series

Consumer protection

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Full-Text Articles in Law

Net Neutrality: Hearing Before The Senate Committee On Commerce, Science And Transportation, 109th Cong., Feb. 7, 2006 (Statement Of J. Gregory Sidak, Visiting Prof. Of Law, Geo. U. L. Center), J. Gregory Sidak Feb 2006

Net Neutrality: Hearing Before The Senate Committee On Commerce, Science And Transportation, 109th Cong., Feb. 7, 2006 (Statement Of J. Gregory Sidak, Visiting Prof. Of Law, Geo. U. L. Center), J. Gregory Sidak

Testimony Before Congress

No abstract provided.


Exclusionary Conduct, Effect On Consumers, And The Flawed Profit-Sacrifice Standard, Steven C. Salop Jan 2006

Exclusionary Conduct, Effect On Consumers, And The Flawed Profit-Sacrifice Standard, Steven C. Salop

Georgetown Law Faculty Publications and Other Works

The central thesis of this article is that the use of the profit-sacrifice test as the sole liability standard for exclusionary conduct, or as a required prong of a multi-pronged liability standard is fundamentally flawed. The profit-sacrifice test may be useful, for example, as one type of evidence of anticompetitive purpose. In unilateral refusal to deal cases, it can be useful in determining the non-exclusionary benchmark. However, the test is not generally a reliable indicator of the impact of allegedly exclusionary conduct on consumer welfare - the primary focus of the antitrust laws. The profit-sacrifice test also is prone to …