Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 4 of 4
Full-Text Articles in Law
Tying, Price Discrimination And Antitrust Policy, Herbert Hovenkamp
Tying, Price Discrimination And Antitrust Policy, Herbert Hovenkamp
Herbert Hovenkamp
ABSTRACT
A tying arrangement is a seller’s requirement that a customer may purchase its “tying” product only by taking its “tied” product. In a variable proportion tie the purchaser can vary her purchases of the tied product. For example, a customer might purchase a single printer, but either a contract or technological design requires her to purchase varying numbers of printer cartridges from the same manufacturer. Such arrangements are widely considered to be price discrimination devices, but their economic effects have been controversial.
Price discrimination comes in various “degrees.” In third degree price discrimination the seller isolates two or more …
Ip And Antitrust: Errands Into The Wilderness, Herbert Hovenkamp
Ip And Antitrust: Errands Into The Wilderness, Herbert Hovenkamp
Herbert Hovenkamp
IP AND ANTITRUST: ERRANDS INTO THE WILDERNESS
ABSTRACT
Antitrust and intellectual property law both seek to promote economic welfare by facilitating competition and investment in innovation. At various times both antitrust and IP law have wandered off this course and have become more driven by special interests. Today, antitrust and IP are on very different roads to reform. Antitrust began an Errand into the Wilderness in the late 1970s with a series of Supreme Court decisions that linked the plaintiff’s harm and right to obtain a remedy to the competition-furthering goals of antitrust policy. Today, patent law has begun its …
Complex Bundled Discounts And Antitrust Policy, Herbert Hovenkamp
Complex Bundled Discounts And Antitrust Policy, Herbert Hovenkamp
Herbert Hovenkamp
COMPLEX BUNDLED DISCOUNTS AND ANTITRUST POLICY
ABSTRACT
A bundled discount occurs when a seller conditions a discount or rebate on the buyer’s purchaser or two or more different products. Firms that produce fewer than all the good in the bundle find it difficult to compete because they must amortize the discount across a smaller range of goods. For example, if the dominant firm offers a 10% discount for purchase of both good A and good B, but the rival makes only good B, it will have to offer a discount that is large enough to match the dominant firm’s B …
United States Competition Policy In Crisis, 1890-1955, Herbert Hovenkamp
United States Competition Policy In Crisis, 1890-1955, Herbert Hovenkamp
Herbert Hovenkamp
UNITED STATES COMPETITION POLICY IN CRISIS,1890-1955 Herbert Hovenkamp ABSTRACT The development of marginalist, or neoclassical, economics led to a fifty-year long crisis in competition theory. Given an industrial structure with sufficient fixed costs, competition always became "ruinous," forcing firms to cut prices to marginal cost without sufficient revenue remaining to pay off investment. Early neoclassicists such as Alfred Marshall were not able to solve this problem, and as a result many economists were hostile toward the antitrust laws in the early decades of the twentieth century. The ruinous competition debate came to an abrupt end in the early 1930's, when …