http://truthonthemarket.com/2009/05/14/the-eu-intel-decision-error-costs-and-what-happens-in-the-us/ Academic commentary on law, business, economics and more Wed, 15 Feb 2012 08:05:47 +0000 hourly 1 http://wordpress.com/ http://truthonthemarket.com/2009/05/14/the-eu-intel-decision-error-costs-and-what-happens-in-the-us/#comment-7749 Wed, 16 Dec 2009 21:52:43 +0000 http://www.truthonthemarket.com/?p=2237#comment-7749 [...] the Federal Trade Commission’s Intel complaint in the coming months.  And we’ve said quite a bit already.  But having just read the complaint and the statements from Chairman Leibowitz and Commissioner [...]

]]> http://truthonthemarket.com/2009/05/14/the-eu-intel-decision-error-costs-and-what-happens-in-the-us/#comment-7748 Tue, 15 Dec 2009 04:45:24 +0000 http://www.truthonthemarket.com/?p=2237#comment-7748 [...] forward to learning more about these contracts and discussing their competitive implications.  As has been well-explored on this blog, loyalty rebates are hardly necessarily anticompetitive, and, as in [...]

]]> http://truthonthemarket.com/2009/05/14/the-eu-intel-decision-error-costs-and-what-happens-in-the-us/#comment-7747 Fri, 13 Nov 2009 20:43:53 +0000 http://www.truthonthemarket.com/?p=2237#comment-7747 [...] AMD and Intel settled.  Its a case we’ve covered here in significant detail.  Terms haven’t been announced publicly.  AAI has predictably [...]

]]> http://truthonthemarket.com/2009/05/14/the-eu-intel-decision-error-costs-and-what-happens-in-the-us/#comment-7746 Thu, 17 Sep 2009 19:07:53 +0000 http://www.truthonthemarket.com/?p=2237#comment-7746 [...] criticized the European Commission’s antitrust attack against Intel here and the resulting $1.44 billion [...]

]]> http://truthonthemarket.com/2009/05/14/the-eu-intel-decision-error-costs-and-what-happens-in-the-us/#comment-7745 Thu, 14 May 2009 16:17:59 +0000 http://www.truthonthemarket.com/?p=2237#comment-7745 Let me play law professor hypothetical for a second and raise the following unlikely possibility. What if in the private US suit between AMD and Intel, the parties agree to resolve the matter with a commitment to stop loyalty rebates? Wouldn’t the FTC position in the pharmaceutical settlement cases extend to an argument that this settlement — a naked agreement to stop discounting — falls into the same category? Of course, this would create some internal divergence at the FTC. Of course, is the FTC/DOJ endorsed the European approach that a horizontal agreement to cease loyalty discounting is efficiency enhancing because those rebates harm consumers, all sorts of silliness could arise under Section 1.

]]> http://truthonthemarket.com/2009/05/14/the-eu-intel-decision-error-costs-and-what-happens-in-the-us/#comment-7744 Thu, 14 May 2009 16:03:50 +0000 http://www.truthonthemarket.com/?p=2237#comment-7744 Great post, Josh. It will be interesting to see if the EU purports to extend its remedy outside the EU. In this cae, I have to say that seems likely–in fact it’s not clear how the remedy could be at all effective otherwise (not that the EU is very concerned with effective rememdies–see Windows XP-N). In which case there will remain a political battle between the EU and US agencies, even if there is not an intellectual one. Does the US government stake out a claim to decide for itself what competition rules will govern internally, or does it accede more global enforcement authority to the EU? Of course it’s not clear what the US could do about it, especially if it won’t complain about logical, economic or legal flaws in the EU’s case.

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