Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law and Economics
The Legal Periphery Of Dominant Firm Conduct, Herbert J. Hovenkamp
The Legal Periphery Of Dominant Firm Conduct, Herbert J. Hovenkamp
All Faculty Scholarship
This essay explores two different but related problems and how U.S. antitrust law and EU competition law approach them. The first is the offense of attempt to monopolize, which concerns the acts that a firm that is not yet dominant might undertake in order to become dominant. The second is the offense of monopoly or dominant firm leveraging, which occurs when a firm uses its dominant position in one market to cause some kind of harm in a different market where it also does business.
The language of EU and U.S. provisions concerning dominant firms provokes one to think that …
Using The "Consumer Choice" Approach To Antitrust Law, Neil W. Averitt, Robert H. Lande
Using The "Consumer Choice" Approach To Antitrust Law, Neil W. Averitt, Robert H. Lande
All Faculty Scholarship
The current paradigms of antitrust law - price and efficiency - do not work well enough. They were an immense improvement over their predecessors, and they have served the field competently for a generation, producing reasonably accurate results in most circumstances. Accumulated experience has also revealed their shortcomings, however. They are hard to fully understand and are not particularly transparent in their application. Moreover, in a disturbingly large number of circumstances they are unable to handle the important issue of non-price competition.
In this article we suggest replacing the older paradigms with the somewhat broader approach of "consumer choice." The …