Global Competition Law and Economics

Abstract

1 Introduction A. The Framework of Legal Issues Raised by Basic Antitrust Economics B. The Remedial Structure 2 Which Horizontal Agreements Are Illegal? A. Relevant Laws And Basic Legal Elements B. Horizontal Price Fixing C. Horizontal Output Restrictions D. Horizontal Market Divisions E. Horizontal Agreements Not To DealWith Particular Firms F. Are SocialWelfare Justifications Admissible? G. Does Protecting a Legal Monopoly Conferred by Intellectual Property Law Justify an Anticompetitive Restraint? H. Buyer Cartels 3 What Unilateral Conduct Is Illegal? A. Relevant Laws and Basic Legal Elements B. The Power Element C. Second Element: Anticompetitive Conduct D. Causal Connection Between First and Second Elements Required? E. Attempted Monopolisation 4 Vertical Agreements that Restrict Dealing with Rivals A. Introduction B. Exclusive Dealing C. Tying D. Loyalty and Bundled Discounts 5 Agreements and Conduct that Arguably Distort Downstream Competition in Distributing a Supplier's Products A. Introduction B. Intrabrand Distributional Restraints on Resale C. Price Discrimination that Arguably Distorts Downstream Competition 6 Proving an Agreement or Concerted Action A. Are The Defendants Separate Entities? B. Standards for Finding a Vertical Agreement C. Standards for Finding a Horizontal Agreement or Concerted Action 7 Mergers A. Horizontal Mergers B. Vertical Mergers C. Conglomerate Mergers 8 Markets that Span Multiple Antitrust Regimes A. Extraterritorial Conduct Affecting Domestic Commerce B. Special Treatment of Conduct Affecting Exports C. Anticompetitive Conduct Involving Foreign Sovereigns D. The Trade-Antitrust Intersection E. International Cooperation In Antitrust Enforcement F. The Prospects For International Antitrust Law

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