Judge Ginsburg and I are working on a project for an upcoming festschrift in honor of Bill Kovacic. The project involves the role of settlements in the pursuit of the goals of antitrust. In particular, we are looking for examples of antitrust settlements between competition agencies and private parties — in the U.S. or internationally — involving conditions either: (1) clearly antithetical to consumer welfare, or (2) that arguably disserve consumer welfare. In the former category, examples might include conditions requiring firms to make employment commitments. The second category might include conditions placing the agency in an ongoing regulatory role or restricting the firm’s ability to engage in consumer-welfare increasing price or non-price competition.
I turn to our learned TOTM readership for help. Please feel free to leave examples in the comments here — or email me. Cites and links appreciated.
