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foundations of antitrust limits has not been systematically treated. This Article addresses this problem by supplying a theory of … produce the limits of antitrust. Last, Part III leaves the descriptive world to address a normative question: how to deal with …Antitrust doctrine is under heavy fire in the academic literature. Modern criticism of antitrust doctrine attacks three …
Persistent link: https://www.econbiz.de/10013213206
. Moreover, defendants' theoretical nightmare scenarios of sixfold damages have never occurred in the real world. Yet, antitrust …The conventional wisdom is that current antitrust damage levels are too high, lead to overdeterrence, and should be cut … antitrust damage levels are examined carefully, they are the equivalent of approximately single damages, not treble damages …
Persistent link: https://www.econbiz.de/10012772132
of any theory of harm …
Persistent link: https://www.econbiz.de/10013020744
of antitrust. Second, the combination of economic theory and experimental work represents the application of scientific … organization economists have used the tools of game theory and information economics to show that these business practices might … have limited the influence of these new economic theories on antitrust law and policies.We argue that experimental law and …
Persistent link: https://www.econbiz.de/10013036361
problems in the area of antitrust law. Consequently, there are some limits to the private enforcement of antitrust law via … facilitated. Thefocus here is on the case of a hardcore price cartel.Specific features of harm and damages in antitrust law are …
Persistent link: https://www.econbiz.de/10013099273
not consistent with antitrust principles, it can act at cross purposes to antitrust law. Accordingly, both Congress and … the courts have worked to reconcile misuse with antitrust. This paper reviews and analyzes that reconciliation and … requires judicial or legislative reconciliation with antitrust principles, of the sort that Congress provided for patents in …
Persistent link: https://www.econbiz.de/10014061862
unifying theory that would provide a single test offering a way to distinguish between practices compatible and incompatible …
Persistent link: https://www.econbiz.de/10014063508
light of economic analysis: antitrust consents. In our view, competition authorities around the world should be asking … Trade Commission and the Antitrust Division of the Department of Justice have shifted dramatically toward greater reliance … upon consent decrees than upon litigation to resolve antitrust disputes. As an aid to national competition agencies …
Persistent link: https://www.econbiz.de/10012924931
To encourage private actions for damages in antitrust cases some jurisdictions subtract a fraction of the redress from …
Persistent link: https://www.econbiz.de/10012842842
Antitrust populists increasingly call on the government to “break up big tech.” But antitrust enforcers would face … from the outset and should have been blocked years ago. Specifically, they would have to prove (1) that the but-for world … would likely be more competitive than the actual world; (2) that their basis for unwinding the merger was sufficiently …
Persistent link: https://www.econbiz.de/10012846800