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Mergers, Market Dominance And The Lundbeck Case, Herbert J. Hovenkamp
Mergers, Market Dominance And The Lundbeck Case, Herbert J. Hovenkamp
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In Lundbeck the Eighth Circuit affirmed a district court’s judgment that a merger involving the only two drugs approved for treating a serious heart condition in infants was lawful. Although the drugs treated the same condition they were not bioequivalents. The Eighth Circuit approved the district court’s conclusion that they had not been shown to be in the same relevant market.
Most mergers that are subject to challenge under the antitrust laws occur in markets that exhibit some degree of product differentiation. The Lundbeck case illustrates some of the problems that can arise when courts apply ideas derived from models …
Tying Arrangements And Lawful Alternatives: Transaction Costs Considerations, Herbert J. Hovenkamp
Tying Arrangements And Lawful Alternatives: Transaction Costs Considerations, Herbert J. Hovenkamp
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Tying arrangements often increase welfare by promoting product quality and protecting the supplier's goodwill in the tying product. When the tying product works effectively only with ancillary materials or accessories or services of a particular kind or quality, its supplier can assure the requisite quality of the ancillary product only by supplying that product itself. The cost savings defense and the defenses of quality control or good will are the most widely recognized and accepted tying defenses.
One characteristic of manufactured products is differentiation among the offerings of various brands. This in turn produces a need for more specialized provision …