The 1992 Horizontal Merger Guidelines, issued by the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC), suggest that relevant markets for merger analysis may be defined for classes of customers on whom a hypothetical monopolist of the merging firms' products would likely...

In this paper, we discuss the econometric models put forward by both sides in the FTC v. Staples case and explore why those models canceled each other out, leaving the documents to play a central role in the court's decision

This paper analyzes the competitive effect of a new product introduction. We break the overall competitive effect into two parts: the effect on the prices of existing products due to increased competition, and the effect of having additional product variety. Using data from both before and after...

As part of the Modification of Final Judgment (MFJ) that implemented the divestiture of the Bell operating companies (BOCs) from AT&T on January 1, 1984, the BOCs were forbidden to carry telephone calls from one local access and transport area LATA) to another. Although the Telecommunications...

Predatory pricing occurs where a firm deliberately sets prices below cost to eliminate, discipline or deter entry by a competitor, with the goal to subsequently recoup its losses by charging supra-competitive prices. China's Anti-Monopoly Law, Anti-Unfair Competition Law and Price Law contain...

In the United States, beginning with the Matsushita decision in 1986, the Supreme Court has required plaintiffs in predatory pricing cases to meet stringent conditions to prevail on their claims. As a result, predatory pricing cases have become 'rarely tried and even more rarely successful', to...

This paper proposes a general framework to assist policymakers in framing the key issues and objectively weighing the relevant evidence and policy considerations for the purpose of determining whether to create, modify, or eliminate any statutory immunity to the federal antitrust laws. The...

Indirect purchaser class actions are a prevalent avenue for the civil recovery of damages resulting from antitrust violations such as price fixing and monopolization. Although both direct purchaser and indirect purchaser actions are commonplace in antitrust, there are key differences between...