Comments on: An Antitrust Modernization Committee Update http://truthonthemarket.com/2006/01/21/an-antitrust-modernization-committee-update/ Academic commentary on law, business, economics and more Sun, 12 Feb 2012 23:39:41 +0000 hourly 1 http://wordpress.com/ By: Josh http://truthonthemarket.com/2006/01/21/an-antitrust-modernization-committee-update/#comment-5295 Tue, 24 Jan 2006 14:58:38 +0000 http://www.truthonthemarket.com/2006/01/21/an-antitrust-modernization-committee-update/#comment-5295 I fear that you are correct about legislative action re: the RP Act, but I can still hope! While decisions like Volvo and the like are helpful in curtailing the Act’s application, I fear it still does create some havoc in the monopolization context, i.e. the FTC’s action against McCormick.

]]> By: Paul Stancil http://truthonthemarket.com/2006/01/21/an-antitrust-modernization-committee-update/#comment-5294 Mon, 23 Jan 2006 15:32:40 +0000 http://www.truthonthemarket.com/2006/01/21/an-antitrust-modernization-committee-update/#comment-5294 Don’t think we’re going to see any Congressional action on R-P when all is said and done, but we just might get an AMC recommendation for repeal that we can keep in the knick-knack drawer with our old DOJ recommendation for repeal. The Volvo Trucks opinion may, on balance, hurt more than it helps when it comes to getting Congressional action. From what I’ve been able to put together, the powers-that-be seem to think that most of R-P has already been dealt with through the courts and through sellers’ creativity (coupon programs, etc.). Volvo Trucks is likely to be seen as further justification for leaving things alone, especially in light of the opinions tacit reaffirmation of Morton Salt in the power buyer context and the prevailing witch hunt mentality as to Wal-Mart. The small-business lobby remains powerful, and the economic arguments against R-P, while persuasive to almost anyone who actually takes time to think about them, don’t exactly resonate with mainstream America on every level.

By the way, you should have seen the first draft of the ABA Exemptions and Immunities Committee’s comments to the AMC. Before they shot me up with thorazine and took away my computer, that is.

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