The regulation of the competitive process for product distribution and promotion is an unsettled and incoherent area of antitrust law. Competition for distribution involves contracting activity regarding the decision to carry, promote, or place a particular product. This process includes business practices recently subject to intense antitrust scrutiny such as slotting allowances, discounts, bundled rebates, category management, and exclusive dealing. Antitrust law has designed rules for each of these practices independently, ignoring the economic relationships between these business practices. Focusing on the economics of the competitive process for distribution exposes an antitrust policy that systematically mishandles the regulation of these contracts. These economic insights suggest...
A cluster of Supreme Court decisions in the past decade have fundamentally altered the relationship between antitrust and regulation, placing antitrust law in a subordinate relationship that, some have argued, requires it to defer not just to regulatory decisions but perhaps even to the silence of regulatory agencies in their areas of expertise. This article's point is that the question of whether or not acts of regulatory gaming harm competition is and should be an antitrust question, not merely one that involves interpreting statutes or agency regulations. Part I begins with an introduction to the relationship between antitrust law and industry-specific regulation. Part II contends that skepticism toward antitrust intervention, if applied too broadly, contradicts both logic and a rich...
New York's attorney general has launched an inquiry into whether the National Football League lockout violates the state's antitrust law. Attorney General Eric T. Schneiderman appears to be the first attorney general from any state to wade into the dispute between NFL owners and players. He says he's acting on behalf of New York's many businesses and workers whose incomes are threatened by the loss of games and the idling of upstate training camps conducted by the Buffalo Bills, New York Giants and New York Jets.
Antitrust law and patent law have long been considered in tension. On a very simplistic level, antitrust law was seen as anti-monopoly, whereas the very object of the patent laws is monopoly. Antitrust law condemns exclusionary conduct and patent law grants exclusionary rights. There are two conceptions of the relationship between antitrust and patent: in tension or complementary. In reality, both conceptions have an element of truth, but antitrust and patent are neither always in tension nor always complementary. Rather, the relationship is multidimensional. Patent scholars recognize that if patent rights were overly expansive, or patent durations were excessively long, then patents could weaken innovation by unnecessarily shrinking the public domain and deterring innovative activity b...
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