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Articles 121 - 150 of 179

Full-Text Articles in Antitrust and Trade Regulation

Roundtable With Former Directors Of The Bureau Of Economics, Jonathan Baker Sep 2003

Roundtable With Former Directors Of The Bureau Of Economics, Jonathan Baker

Presentations

The roundtable commemorates the 100th anniversary of the FTC's predecessor agency, the Bureau of Corporations. It was sponsored by the FTC's Bureau of Economics (BE) and focused on BE history and contributions of BE and economic analysis to antitrust and consumer protection enforcement, and to research and economic knowledge and policy. BE was featured because the original functions of the Bureau of Corporations were to collect information, to conduct industry and policy research, to prepare reports at the request of the Congress and the President. The panelists for the roundtable consisted of former BE Directors and Acting Directors from the …

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Most Favored Nation Clauses, Jonathan Baker, William Kopit, Thomas Overstreet, Robert Mcnair, Jr., Steven Snow May 2003

Most Favored Nation Clauses, Jonathan Baker, William Kopit, Thomas Overstreet, Robert Mcnair, Jr., Steven Snow

Presentations

Event description The Federal Trade Commission and Department of Justice will commence public hearings in Washington, D.C. on February 26, 2003 on the implications of competition law and policy for health care financing and delivery. The hearings will broadly consider the impact of competition law and policy on the cost, quality, and availability of health care, and the incentives for innovation in the field. Specific subjects to be considered include hospital mergers, the significance of non-profit status, vertical integration, quality and efficiencies, the boundaries of the state action and Noerr-Pennington doctrines, monopsony power, the adequacy of existing remedies for anticompetitive …

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Economists' Roundtable, Jonathan Baker, Philip Nelson, Janusz Ordover, Dennis Carlton Jan 2003

Economists' Roundtable, Jonathan Baker, Philip Nelson, Janusz Ordover, Dennis Carlton

Presentations

Moderator for the Economists' Roundtable

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Why Did The Antitrust Agencies Embrace Unilateral Effects, Jonathan Baker Jan 2003

Why Did The Antitrust Agencies Embrace Unilateral Effects, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Competitive Price Discrimination: The Exercise Of Market Power Without Anticompetitive Effects (Comment On Klein And Wiley), Jonathan Baker Jan 2003

Competitive Price Discrimination: The Exercise Of Market Power Without Anticompetitive Effects (Comment On Klein And Wiley), Jonathan Baker

Scholarly Articles in Law Reviews & Journals

A firm that discriminates in prices faces a downward sloping demand curve, and thus could potentially raise price by reducing output. For this reason, evidence of price discrimination is relevant to assessing the possibility of market power, as antitrust law has long recognized. But price discrimination can be beneficial as well as harmful, and can reasonably be termed competitive if entry is easy. Hence a demonstration that entry is easy rebuts the inference of anticompetitive effect when price discrimination is the basis for proof of market power, breaking the link between market power and anticompetitive effect. Klein and Wiley's proposal …

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Review Of Proposed Alliance Of Delta, Northwest, And Continental Airlines, Jonathan Baker, Albert Foer, Alfred Kahn Nov 2002

Review Of Proposed Alliance Of Delta, Northwest, And Continental Airlines, Jonathan Baker, Albert Foer, Alfred Kahn

Amicus Briefs & Court Filings

Dear Secretary Mineta and Assistant Attorney General James: The American Antitrust Institute is an independent education, research, and advocacy organization that supports a positive role for antitrust in the national economy. We are taking the liberty of transmitting to you several questions that we believe need to be answered in the course of a thorough evaluation of the proposed alliance of Delta, Northwest, and Continental (“the DNC Alliance”). We emphasize that these are illustrative rather than exhaustive and that we have not reached an overall conclusion, which we believe must be dependant on an assessment of information that is not …

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Horizontal Merger Analysis Grows Up: A Review Of Chapter 5 Of Richard Posner’S Antitrust Law (2d Ed. 2001), Jonathan Baker Jan 2002

Horizontal Merger Analysis Grows Up: A Review Of Chapter 5 Of Richard Posner’S Antitrust Law (2d Ed. 2001), Jonathan Baker

Contributions to Books

Richard Posner is a central figure in the generation of brilliant lawyers and economists who created the Chicago school of antitrust. Since the first edition of Posner’s Antitrust Law was published in 1976, most of the field has been transformed, in many respects along the very lines he proposed, and at times with a helpful decision from now—Judge Posner pushing that movement along. But horizontal merger law, while revolutionized by the Chicago school’s signature economic approach, has not changed in the precise manner Posner advocated a quarter century ago. Now, with the publication of the second edition of Antitrust Law, …

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Mavericks, Mergers, And Exclusion: Proving Coordinated Competitive Effects Under The Antitrust Laws, Jonathan Baker Jan 2002

Mavericks, Mergers, And Exclusion: Proving Coordinated Competitive Effects Under The Antitrust Laws, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Symposium: Antitrust At The Millennium (Part Ii), Jonathan Baker Jan 2001

Symposium: Antitrust At The Millennium (Part Ii), Jonathan Baker

Scholarly Articles in Law Reviews & Journals

This issue features Part II of the Antitrust Law Journal's Symposium on Antitrust at the Millennium. As with Part I, which appeared in Volume 68, Issue 1 (2000), most Symposium authors use a decision or other significant text from antitrust's past as a springboard to discuss some aspect of antitrust's future. This group of Symposium essays is being published in the wake of a U.S. election that has shifted control of the Executive Branch of the federal government from Democrats to Republicans. Yet the broad themes and challenges pursed by Symposium authors are likely to remain central to antitrust regardless …

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Should Concentration Be Dropped From The Merger Guidelines?, Jonathan Baker, Steven Salop Jan 2001

Should Concentration Be Dropped From The Merger Guidelines?, Jonathan Baker, Steven Salop

Scholarly Articles in Law Reviews & Journals

As members of the ABA Antitrust Section's Task Force on Fundamental Theory, we are pleased to provide a brief discussion of the appropriate role of market concentration in the review of mergers under the antitrust laws. This paper, organized in four main parts, will offer some suggestions for revising the Department of Justice and Federal Trade Commission Horizontal Merger Guidelines. A final section of this work will analyze whether it would be preferable to conduct merger analysis by applying Professor Michael E. Porter's business strategy framework rather than the Merger Guidelines.

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New Horizons In Cartel Detection, Jonathan Baker Jan 2001

New Horizons In Cartel Detection, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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The Free Trade Area Of The Americas And Human Rights Concerns, Sheryl Dickey Jan 2001

The Free Trade Area Of The Americas And Human Rights Concerns, Sheryl Dickey

Human Rights Brief

No abstract provided.

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Once More Unto The Breach: Reconciling Chevron Analysis And De Novo Judicial Review After United States V. Haggar Apparel Company , Claire R. Kelly, Patrick C. Reed Aug 2000

Once More Unto The Breach: Reconciling Chevron Analysis And De Novo Judicial Review After United States V. Haggar Apparel Company , Claire R. Kelly, Patrick C. Reed

American University Law Review

No abstract provided.

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Stepping Out In An Old Brown Shoe: In Qualified Praise Of Submarkets, Jonathan Baker Jan 2000

Stepping Out In An Old Brown Shoe: In Qualified Praise Of Submarkets, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Symposium: Antitrust At The Millennium (Part I), Jonathan Baker Jan 2000

Symposium: Antitrust At The Millennium (Part I), Jonathan Baker

Scholarly Articles in Law Reviews & Journals

To commemorate the new millennium, the Antitrust Law Journal commissioned essays from a diverse group of antitrust specialists-legal academics, practitioners, and economists. The authors were asked to take a decision or other significant text from antitrust's past and use it as a springboard to discuss some important aspect of antitrust's future. The results of this unique publishing project will be printed in two parts, the first half in Volume 68, Issue 1 (this issue) and the second half in Volume 68, Issue 3 (later this year).

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The Use Of The Antitrust State Action Doctrine In The Deregulated Electric Utility Industry , Jeffery D. Schwarz Aug 1999

The Use Of The Antitrust State Action Doctrine In The Deregulated Electric Utility Industry , Jeffery D. Schwarz

American University Law Review

No abstract provided.

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Promoting Innovation Competition Through The Aspen/Kodak Rule, Jonathan Baker Jan 1999

Promoting Innovation Competition Through The Aspen/Kodak Rule, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Empirical Methods In Antitrust Litigation: Review And Critique, Jonathan Baker, Daniel Rubinfeld Jan 1999

Empirical Methods In Antitrust Litigation: Review And Critique, Jonathan Baker, Daniel Rubinfeld

Scholarly Articles in Law Reviews & Journals

The use of empirical methods in antitrust has been growing at an exponential rate. It is now commonplace for multiple regression and other statistical methods to be utilized in merger cases, especially those involving predictions of the price increases that may result from the strategic decisions of the merging firms. These methods are also prominently employed in civil nonmerger investigations by the federal antitrust enforcement agencies (including price fixing, monopolization, and exclusive dealing cases) and in private litigation (including damage claims and class action suits). This article surveys the methodologies that have been used and the range of questions that …

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Econometric Analysis In Ftc V. Staples, Jonathan Baker Jan 1999

Econometric Analysis In Ftc V. Staples, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

In mid-1997, a federal district court in Washington, DC, granted the Federal Trade Commission's (FTC's) request for a preliminary injunction blocking the proposed merger of Staples and Office Depot (Federal Trade Commission v. Staples, Inc. [hereafter, Staples] 1997a). The transaction would have combined two of the nation's three leading office superstore chains. The firms chose not to pursue the case further after the preliminary injunction was issued, thus giving up on their efforts to merge.

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Policy Watch: Developments In Antitrust Economics, Jonathan Baker Jan 1999

Policy Watch: Developments In Antitrust Economics, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

During the late 1970s and 1980s, the federal courts transformed antitrust rules and the federal enforcement agencies altered their case selection criteria in response to theories developed by industrial organization economists. These developments in economic thinking, often associated with the Chicago school, led current antitrust law and practice toward a greater skepticism about the relationship between market concentration and market power and a greater recognition of the possible efficiency-enhancing role of vertical agreements (contracts between firms and their customers or suppliers) than was present in the 1950s and 1960s.This survey will begin where those developments leave off by highlighting more …

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Why The Wto Should Require The Application Of The Evidentiary Threshold Requirement In Antidumping Investigations Tara Gingerich , Tara Gingerich Oct 1998

Why The Wto Should Require The Application Of The Evidentiary Threshold Requirement In Antidumping Investigations Tara Gingerich , Tara Gingerich

American University Law Review

No abstract provided.

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From Open Access To Convergence Mergers: An Antitrust Perspective On The Transition To Electricity Competition, Jonathan Baker Feb 1998

From Open Access To Convergence Mergers: An Antitrust Perspective On The Transition To Electricity Competition, Jonathan Baker

Presentations

INTRODUCTION In looking over the program before you arrived this morning, some of you may well have asked: what is someone from the Federal Trade Commission doing as our luncheon speaker? I thought this was an electricity conference. After all we've got FERC and the state commissions looking over our shoulders, including looking at mergers. What have we got here, some sort of party crasher? Besides violating the obvious adage and giving an economist a free lunch, what's the point? In the course of the next few minutes I hope to convince you that we are not party crashing. In …

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The European Commission's Decision On The Boeing-Mcdonnell Douglas Merger And The Need For Greater U.S.-Eu Cooperation In The Merger Field , Amy Ann Karpel Feb 1998

The European Commission's Decision On The Boeing-Mcdonnell Douglas Merger And The Need For Greater U.S.-Eu Cooperation In The Merger Field , Amy Ann Karpel

American University Law Review

No abstract provided.

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Identifying The Firm-Specific Cost Pass-Through Rate, Jonathan Baker, Orley Ashenfelter, David Ashmore, Signe-Mary Mckernan Jan 1998

Identifying The Firm-Specific Cost Pass-Through Rate, Jonathan Baker, Orley Ashenfelter, David Ashmore, Signe-Mary Mckernan

Scholarly Articles in Law Reviews & Journals

A merger that permits the combined company to reduce the marginal cost of producing a product creates an incentive for it to lower price. Accordingly, the rate at which cost changes are passed through to prices (along with an estimate of the magnitude of cost reductions that would result from merger) matters to the evaluation of the likely competitive effects of an acquisition. In this paper, we describe our empirical methodology for estimating the cost pass-through rate facing an individual firm, and for distinguishing that rate from the rate at which a firm passes through cost changes common to all …

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Hanging Up On Consumers: Why The Fcc Cannot Stop Slamming In The New Telecommunications Market , Christopher R. Day Dec 1997

Hanging Up On Consumers: Why The Fcc Cannot Stop Slamming In The New Telecommunications Market , Christopher R. Day

American University Law Review

No abstract provided.

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Unilateral Competitive Effects Theories In Merger Analysis, Jonathan Baker Jan 1997

Unilateral Competitive Effects Theories In Merger Analysis, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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The Problem With Baker Hughes And Syufy: On The Role Of Entry In Merger Analysis, Jonathan Baker Jan 1997

The Problem With Baker Hughes And Syufy: On The Role Of Entry In Merger Analysis, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Product Differentiation Through Space And Time: Some Antitrust Policy Issues, Jonathan Baker Jan 1997

Product Differentiation Through Space And Time: Some Antitrust Policy Issues, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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The Factional Foundations Of Competition Policy In America 1888-1992, James May Jan 1997

The Factional Foundations Of Competition Policy In America 1888-1992, James May

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Mergers And Acquisitions In The European Community And The United States: A Movement Toward A Uniform Enforcement Body, David Snyder Jan 1997

Mergers And Acquisitions In The European Community And The United States: A Movement Toward A Uniform Enforcement Body, David Snyder

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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