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Beware Buyer Power, Robert H. Lande
Beware Buyer Power, Robert H. Lande
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The conventional antitrust wisdom is that buyer side market power or monopsony is so unusual and so rarely anticompetitive that it should not merit more than a scholarly afterthought. Moreover, these brief mentions typically say it is essentially the mirror image of seller power or that, while seller-side power is suspect since it leads to higher consumer prices, buyer-side power is usually benign, because the public should not care which layer of a distribution channel gets any potential savings that can arise. This short article discusses how buyer power can be anticompetitive. It also discusses how buyer power or monopsony …
Why Antitrust Damage Levels Should Be Raised, Robert H. Lande
Why Antitrust Damage Levels Should Be Raised, Robert H. Lande
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The conventional wisdom is that current antitrust damage levels are too high, lead to overdeterrence, and should be cut back. Although most agree that threefold damages are fine, at least for cartels, the combination of treble damages to direct purchasers and another treble damages to indirect purchasers typically is denounced as duplicative, a "mess," or the equivalent of the use of "cluster bombs" on defendants. This article, however, will assert the opposite. This article will argue that, if the current antitrust damage levels are examined carefully, they do not even total treble damages, and overall are not high enough to …