Showing results for: “loyalty discounts”
Kolasky on What Happens with the Section 2 Report
William Kolasky (Wilmer Hale, and one of the frontrunners for the DOJ AG spot according to the rumormill) has an interesting piece in the Antitrust Source on the DOJ Section 2 Report arguing that while: even the objecting Commissioners would probably agree that the Justice Department Report does a good job analyzing particular types of ... Kolasky on What Happens with the Section 2 Report
The D.C. Circuit Re-Disappoints in Whole Foods: An Analysis of the Amended Opinions
Being a “glass is half-full” type of guy, I figured there was no way the D.C. Circuit’s decision on Whole Foods’ petition for rehearing en banc could turn out poorly: Either the court would grant the motion and correct the panel’s mistakes, or the court would deny the motion, setting up an attractive opportunity for ... The D.C. Circuit Re-Disappoints in Whole Foods: An Analysis of the Amended Opinions
Price Discrimination Is Good, Part I
Price discrimination involves a firm taking advantage of different elasticities of demand for the same goods by charging different prices relative to marginal cost. Price discrimination is ubiquitous in our economy but remains a four letter word in policy and regulation circles. We observe price discrimination in all sorts of product markets, from small and ... Price Discrimination Is Good, Part I
Antitrust under President Obama: "I will direct my administration to reinvigorate antitrust enforcement"
Danny Sokol makes some predictions about Post-Obama antitrust, and about my disappointment in what he perceives to be the likely direction of antitrust policy in the Obama administration: 1. increased challenges of mergers and monopolization cases, especially at DOJ 2. more consumer protection work at the FTC with a push to more expansive consumer rights ... Antitrust under President Obama: "I will direct my administration to reinvigorate antitrust enforcement"
First Annual FTC Microeconomics Conference: November 6-7
I think conferences like this are an effective way to attract talented economists to work on interesting antitrust problems. I can envision a similar event from the Bureau of Competition or policy shops featuring academic research from law and economics scholars. Here’s the conference announcement: The Federal Trade Commission’s Bureau of Economics will host a ... First Annual FTC Microeconomics Conference: November 6-7
Geradin on Loyalty Rebates
Damien Geradin has posted an interesting paper on “Separating Pro-competitive from Anti-competitive Loyalty Rebates: A Conceptual Framework.” Here’s the (long) abstract: In its submission to the recent OECD Roundtable on Bundled and Loyalty Discounts and Rebates (the “OECD Roundtable on rebates“), Korea observed that “loyalty discounts are getting growing attention both academically and practically” and ... Geradin on Loyalty Rebates
The unfortunate return of the "strange, red-haired, bearded, one-eyed, man with a limp"
The DC Circuit has reversed the district court in the Whole Foods case. The opinion is here. [HT: Danny Sokol] As regular readers know, we have covered this case extensively on this blog, including most recently this great, lengthy post from Thom on the proper standard of review. I wouldn’t be surprised if Thom is disappointed with the ... The unfortunate return of the "strange, red-haired, bearded, one-eyed, man with a limp"
GCP on Single Product Rebates and Bundled Discounts
Global Competition Policy has a new issue out focusing on the antitrust analysis of single product rebates and bundled discounts in the United States and Europe, including articles from: H.E. Frech (UCSB) Benjamin Klein (UCLA and LECG) Jonathan Rubin (Patton Boggs) M. Laurence Popofsky Renato Nazzini (University of Southampton) Johanne Peyre & Laurent Geelhand (Michelin ... GCP on Single Product Rebates and Bundled Discounts
Are Loyalty Discounts Really Anticompetitive?
I promised that I would write about why I think that Professor Elhauge’s claim in his new working paper, “Loyalty Discounts and Naked Exclusion,” that he has proven that loyalty discounts generally involve anticompetitive effects is mistaken. Let me begin by saying that this is a very provocative claim from a very serious antitrust analyst ... Are Loyalty Discounts Really Anticompetitive?
Three From Professor Elhauge on Antitrust
2008 has been a busy year for Harvard Professor Einer Elhauge so far from the looks of his SSRN page (not to mention advising Senator Obama on legal policies). He’s posted three new working papers covering a diverse set of antitrust topics: Loyalty Discounts and Naked Exclusion (purporting to “prove that loyalty discounts create anticompetitive ... Three From Professor Elhauge on Antitrust
All We Are Saying Is Give PeaceHealth a Chance.
Josh had a characteristically thoughtful post last week on safe harbors for loyalty and bundled discounts. I didn’t comment on the post, with which I generally agree, because I was busy writing an amicus brief (also signed by Dan Crane, Richard Epstein, Tom Morgan, and Danny Sokol) in an attempt to preserve a different safe ... All We Are Saying Is Give PeaceHealth a Chance.
Thoughts on Safe Harbors for Quantity Discounts (and Bundling)
Dennis Carlton and Michael Waldman have posted an insightful DOJ working paper on antitrust safe harbors for unilateral conduct involving quantity discounts and bundling. The discussion is very timely in light of the Microsoft CFI decision, AMC Report, Section 2 Hearings, and various monopolization cases in the United States, EU, and other antitrust jurisdictions. The Carlton & Waldman ... Thoughts on Safe Harbors for Quantity Discounts (and Bundling)
