Antitrust Bulletin

Antitrust Bulletin articles

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Comments on Richard Markovits' Claim That the Requirement of Possession of Pre or Post Market Power Is Unnecessary in Monopolization and Attempt to Monopolize Cases and a Proposed Second-Best Reconciliation of the per Se and Conventional Approaches to Dangerous Probability
March 1, 2016 ... Abstract Richard Markovits's view that "neither the pre-conduct nor the post-conduct possession of monopoly power should as a matter of law be required for a Section 2 conviction" could not be more inconsistent with how Section 2 of the...

The Economics of Antitrust Law: A Comment on the Other Contributions to This Symposium
March 1, 2016 ... Abstract This Comment on the other contributions to this symposium addresses their authors' and my positions on (1) the definability of markets and various approaches to defining markets, (2) the definition and legal relevance of market...

A Summary
March 1, 2016 ... Abstract Part 1(1) articulates and explains (A) the specific-anticompetitive-intent test of illegality that the study claims is promulgated by the Sherman Act, the object-branch of the test of illegality promulgated by Article 101(1) of the...

The Tests of Illegality under Articles 101 and 102 TFEU
March 1, 2016 ... Abstract This article aims to assess one of the many contributions of Economics and the Interpretation and Application of U.S. and EU. Antitrust Law by Richard Markovits to our understanding of U.S. and EU antitrust laws. That specific...

The Necessary Complexity of Predatory Pricing Analysis: A Comment on Richard S. Markovits' Treatment of Predatory Pricing in 'Economics and the Interpretation and Application of U.S. and E.U. Antitrust Law'
March 1, 2016 ... Abstract While I agree with much of what Markovits writes about predatory pricing, I focus on two main areas of disagreement. First, tests for predatory pricing should reflect an optimal balance of deterrence of anticompetitive predation...