Law Commons^™

Do Guaranteed-Low-Price Policies Guarantee High Prices, And Can Antitrust Rise To The Challenge?, Aaron S. Edlin

Aaron Edlin

Price-matching policies can be highly anticompetitive. They allow firms to raise their prices above competition levels by discriminating in price between informed and uninformed customers. The resulting high prices can persist even when new firms enter the industry, a fact that gives price matching the potential to be much more socially costly than an ordinary monopoly or cartel. At the same time, widespread entry implies that the agreement among sellers that is typical of a Sherman Act price-fixing case may be absent. In this article, Professor Edlin argues that there is nonetheless an analogy between a seller offering (and agreeing) …