Showing archive for: “Duty to Deal & Essential Facilities”
The EU tightens the noose around Google
Here we go again. The European Commission is after Google more formally than a few months ago (but not yet having issued a Statement of Objections). For background on the single-firm antitrust issues surrounding Google I modestly recommend my paper with Josh, Google and the Limits of Antitrust: The Case Against the Antitrust Case Against ... The EU tightens the noose around Google
Antitrust Law and Economics
Antitrust Law and Economics, a volume edited by Keith Hylton, is now available from Edward Elgar Publishing. Here is the description: This comprehensive book provides an extensive overview of the major topics of antitrust law from an economic perspective. Its in-depth treatment and analysis of both the law and economics of antitrust is presented via ... Antitrust Law and Economics
Section 2 Symposium: Tim Brennan on the Relationship Between Regulation and Antitrust
When I first started working in antitrust at the Justice Department over thirty years ago—there’s a hard reality to accept—the Antitrust Division was then embroiled in an effort to reform the regulation of oil pipelines. The argument on this now obscure issue was that effective prevention of the exercise of market power by natural monopoly ... Section 2 Symposium: Tim Brennan on the Relationship Between Regulation and Antitrust
Professor Carrier’s Response
First of all, I would like to express my deepest gratitude to Josh Wright. Only because of Josh’s creativity and tireless, flawless execution did this blog symposium come about and run so smoothly. I also would like to thank Dennis Crouch, who has generously cross-posted the symposium at PatentlyO. And I am grateful for the ... Professor Carrier’s Response
Gabriel on Trinko After Linkline
Manfred Gabriel (Antitrust Review) writes that Linkline extends the reach of Trinko in some important ways: The opinion of the court in Linkline, Chief Justice Roberts writes that Trinko: … makes clear that if a firm has no antitrust duty to deal with its competitors at wholesale, it certainly has no duty to deal under ... Gabriel on Trinko After Linkline
Linkline Decision is Unanimous
The opinion is available here. Yet another super-majority Roberts Court antitrust decision applying consensus economic theory. No more price squeeze claims. Alcoa is not overturned. The Court declares that the price-squeeze claim in the absence of a duty to deal can be handled jointly by a straightforward application of Trinko and Brooke Group to the ... Linkline Decision is Unanimous
DOJ AAG Designate Christine Varney on Section 2, Europe, Google & A Puzzling Statement About Error Costs
Predicting what antitrust enforcement regimes in the current economic environment is a tricky business. I’ve done my best here. One probably cannot think of a better source for such predictions than those from the soon-to-be AAG Christine Varney, who recently spoke at an American Antitrust Institute panel on Section 2 enforcement (you can hear the ... DOJ AAG Designate Christine Varney on Section 2, Europe, Google & A Puzzling Statement About Error Costs
Cert Granted in Linkline
The Supreme Court has granted cert in Pacific Bell Telephone Co., dba AT&T California v. linkLine Communications in order to address the question of whether a Section 2 “price squeeze” claim is viable under the Sherman Act if the defendant has no duty to deal. (HT: Scotusblog, which also has all of the relevant links). ... Cert Granted in Linkline
Espresso Exclusivity?
Belvi Coffee and Tea Exchange cannot be serious. The firm is suing Starbucks for exclusive dealing in the Seattle and Bellevue, Washington real estate markets. The suit alleges that Starbucks has leased real estate at above-market prices in exchange for commitments by the landlords to exclude other coffee shops from the building. Let’s take Belvi’s ... Espresso Exclusivity?
Kinderstart v. Google Antitrust Coverage
Kinderstart.com has filed a suit against Google which includes an antitrust claim based on the theory that Google changed its ranking algorithm in a manner that caused Kinderstart’s ranking to drop and revenues to plunge. HT: Antitrust Review. Eric Goldman has got this covered, including links to the complaint, analysis, Google’s motion to dismiss and ... Kinderstart v. Google Antitrust Coverage
