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Full-Text Articles in Law
False Analogies To Predatory Pricing, Christopher R. Leslie
False Analogies To Predatory Pricing, Christopher R. Leslie
University of Pennsylvania Law Review
Philosophers and policymakers have long cautioned against comparing incomparable objects or concepts. Scores of judicial opinions caution judges and litigants against comparing apples to oranges. The original idiom, as recited by such sixteenth-century luminaries as Sir Thomas More and William Shakespeare, admonished against equating apples and oysters,4 two items unlikely to be mistaken for each other given their obvious dissimilarities in color, texture, smell, and immediate edibility. Over time, oysters were replaced by oranges and the expression evolved to caution against confusing two types of fruit, which do in fact share some similar qualities but are quite distinct and, thus, …
The Power Of Antitrust Personhood, Herbert Hovenkamp
The Power Of Antitrust Personhood, Herbert Hovenkamp
University of Pennsylvania Journal of Business Law
Antitrust law addresses conspiracy, or collaborative conduct, more harshly than it does unilateral conduct. One person acting alone can get away with far more than groups of firms acting by agreement. In most cases that distinction is justified. Creating substantial market power unilaterally is difficult and relatively uncommon, but it can be created in a moment’s time by an agreement among firms. But how do antitrust tribunals determine when conduct is unilateral rather than collaborative? Often the ansawer is obvious, but sometimes it is not. Two statutory provisions were intended to be the umpire of such decisions. A section of …