Comments on: What is the Worst Antitrust Decision That is Good Law? http://www.truthonthemarket.com/2008/07/22/what-is-the-worst-antitrust-decision-that-is-good-law/ Academic commentary on law, business, economics and more Wed, 17 Mar 2010 01:17:44 -0700 http://wordpress.org/?v=2.8.5 hourly 1 By: BRJ http://www.truthonthemarket.com/2008/07/22/what-is-the-worst-antitrust-decision-that-is-good-law/comment-page-1/#comment-143934 BRJ Wed, 23 Jul 2008 20:29:56 +0000 http://www.truthonthemarket.com/2008/07/22/what-is-the-worst-antitrust-decision-that-is-good-law/#comment-143934 Point taken, Josh. This one may get bounced on procedural grounds as well, but I would put Alcoa on the list. While cases like Grinnell and Aspen Ski have added some gloss, the notion that certain, otherwise legal business conduct is off limits to a monopolist by sheer virtue of the company's size is still hanging around. Point taken, Josh. This one may get bounced on procedural grounds as well, but I would put Alcoa on the list.

While cases like Grinnell and Aspen Ski have added some gloss, the notion that certain, otherwise legal business conduct is off limits to a monopolist by sheer virtue of the company’s size is still hanging around.

]]> By: Craig http://www.truthonthemarket.com/2008/07/22/what-is-the-worst-antitrust-decision-that-is-good-law/comment-page-1/#comment-143933 Craig Wed, 23 Jul 2008 17:10:05 +0000 http://www.truthonthemarket.com/2008/07/22/what-is-the-worst-antitrust-decision-that-is-good-law/#comment-143933 Standard Stations gets my vote. Rejects the rule of reason for exclusive dealing and instead adopts the "quantitative" foreclosure rule, which as Hovenkamp, Handler and others pointed out might as well be per se liability, given that 6.7% foreclosure was sufficient. Plus, its dicta persuaded the Court in MPAA (which is also a good candidate for the worst decision) to aggregate the foreclosure shares of non-conspiring defendants - a decision which has allowed plaintiffs in some jurisdictions to maintain antitrust suits challenging loyalty discounts and other vertical practices against competitors with tiny market shares. Standard Stations gets my vote. Rejects the rule of reason for exclusive dealing and instead adopts the “quantitative” foreclosure rule, which as Hovenkamp, Handler and others pointed out might as well be per se liability, given that 6.7% foreclosure was sufficient. Plus, its dicta persuaded the Court in MPAA (which is also a good candidate for the worst decision) to aggregate the foreclosure shares of non-conspiring defendants – a decision which has allowed plaintiffs in some jurisdictions to maintain antitrust suits challenging loyalty discounts and other vertical practices against competitors with tiny market shares.

]]> By: Josh http://www.truthonthemarket.com/2008/07/22/what-is-the-worst-antitrust-decision-that-is-good-law/comment-page-1/#comment-143932 Josh Wed, 23 Jul 2008 03:28:52 +0000 http://www.truthonthemarket.com/2008/07/22/what-is-the-worst-antitrust-decision-that-is-good-law/#comment-143932 Brian: A good place to start on my views is here: http://www.truthonthemarket.com/2007/06/30/evaluating-leegin/ David: Topco is definitely a top (bottom?) 5 in my book. BRJ: I agree both of those are pretty bad, but you aren't playing by the rules. We need SCOTUS decisions. Brian: A good place to start on my views is here:
http://www.truthonthemarket.com/2007/06/30/evaluating-leegin/

David: Topco is definitely a top (bottom?) 5 in my book.

BRJ: I agree both of those are pretty bad, but you aren’t playing by the rules. We need SCOTUS decisions.

]]> By: BRJ http://www.truthonthemarket.com/2008/07/22/what-is-the-worst-antitrust-decision-that-is-good-law/comment-page-1/#comment-143930 BRJ Tue, 22 Jul 2008 22:41:53 +0000 http://www.truthonthemarket.com/2008/07/22/what-is-the-worst-antitrust-decision-that-is-good-law/#comment-143930 For more recent cases, LePage's and Conwood are both pretty bad. For more recent cases, LePage’s and Conwood are both pretty bad.

]]> By: David http://www.truthonthemarket.com/2008/07/22/what-is-the-worst-antitrust-decision-that-is-good-law/comment-page-1/#comment-143929 David Tue, 22 Jul 2008 22:26:02 +0000 http://www.truthonthemarket.com/2008/07/22/what-is-the-worst-antitrust-decision-that-is-good-law/#comment-143929 I nominate Topco! I nominate Topco!

]]> By: Brian http://www.truthonthemarket.com/2008/07/22/what-is-the-worst-antitrust-decision-that-is-good-law/comment-page-1/#comment-143928 Brian Tue, 22 Jul 2008 21:30:23 +0000 http://www.truthonthemarket.com/2008/07/22/what-is-the-worst-antitrust-decision-that-is-good-law/#comment-143928 Why do you think Leegin was a good decision when it is hurting consumers as we speak? Why do you think Leegin was a good decision when it is hurting consumers as we speak?

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