Recent trade practices decisions in Australia emphasise a structural approach to market power. Modern economic analysis, however, highlights situations where firms that currently lack 'structural' market power may engage in strategic behaviour aimed at altering market structure. Such firms have...

Price discrimination is one of the most complex areas of EC competition law. There are several reasons for this. First, the concept of price discrimination covers many different practices (discounts and rebates, tying, selective price cuts, discriminatory input prices set by...

This is a survey of the economic principles that underlie antitrust law and how those principles relate to competition policy. We address four core subject areas: market power, collusion, mergers between competitors, and monopolization. In each area, we select the most relevant portions of...

I discuss the impact of tying, bundling, and loyalty/requirement rebates on consumer surplus in the affected markets. I show that the Chicago School Theory of a single monopoly surplus that justifies tying, bundling, and loyalty/requirement rebates on the basis of efficiency typically fails....

Conditional pricing practices are pricing strategies in which a seller conditions its prices on factors such as volume, the set of products purchased, or the buyer's share of purchases from the seller. This short primer provides a unifying overview of the economic literature that addresses these...

An important issue in many antitrust lawsuits involving professional sports leagues and their member teams is the extent to which franchises within the same, and across different, professional sports leagues compete with one another for fans and advertisers. Complicating the issue is the fact...

In a 5-4 antitrust decision in Leegin, the Supreme Court in 2007 overruled the nearly century-old precedent of Dr. Miles to end per se condemnation of minimum resale price maintenance (RPM) in favor of a rule of reason analysis. This decision places the United States at odds with the European...

The advance of the information age will allow firms to engage in personalized pricing, a form of price discrimination that is profitable for firms, but unambiguously harmful to consumers. Antitrust can protect consumers from personalized pricing—also called perfect price discrimination—by...

The paper reviews the different legal tools to regulate the personalised pricing and provide some policy recommendations in that regard. Section 1 provides a definition of the personalsied prices and analyses to which extend firms are currently personalising their practices. Section 2 deals with...

Amongst the wealth of concerns raised by Artificial Intelligence (“AI”), one is the risk that the deployment of algorithmic pricing agents on markets will increase occurrences of tacit collusion by orders of magnitude, and well beyond the oligopoly setting where such markets failures have...