Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Wednesday, April 13, 2005

Prof. Shores on Formalism in Antitrust

Professor David Shores of Wake Forest Law School has published an interesting paper on SSRN entitled Economic Formalism in Antitrust Decisionmaking.  He crriticizes formal economic thinking in antitrust jurisprudence and draws a parallel with the formalism of the Lochner opinion. 

One mystery from the Lochner era and the early years of antitrust jurisprudence is Justice Peckham, who authored Lochner and also wrote the opinion in Trans Missouri Freight, an early Sherman Act opinion that made all agreements among competitors anti-competitive.  Although both Lochner and Trans Missouri Freight illustrate the dangers of formalism, it is worth noting that Peckham, who extolled the liberty of contract in Lochner, readily struck down a contract a few years earlier in Trans Missouri Freight, characterizing it as the type of industry self-regulation that the Sherman Act forbid.

April 13, 2005 | Permalink | TrackBack (0)

Getting By With A Little Help From My Friends?

Last week several US firms joined the coalition aiding the EU in the antitrust investigation of Microsoft.  The players are IBM, Red Hat, Oracle, Nokia, and RealNetworks.  More details here.

April 13, 2005 | Permalink | TrackBack (0)

Microsoft and Gateway Settle Case

As a settlement of issues arising from US v Microsoft, Gateway and Micrososoft announced a settlement yesterday totalling $ 150 million. The payment will be used by Gateway to develop and sell systems running Windows. Hmmm, wonder who wins from all if this. The news from Redmond provides more details.   The report from Information Week provides another viewpoint.

April 13, 2005 | Permalink | TrackBack (0)

Tuesday, April 12, 2005

EU Antitrust Commissioner Considers US Style Procedures

In a speech at a conference last week, Neelie Kroes recommended that the EU consider US style plea bargaining and whistleblower protections in order to enhance antitrust enforcement.  Stressing the need for harmonization in international antitrust enforcement, particularly in area of cartelization, Commissioner Kroes pointed out the need to emulate certain US enforcement tools, such as secret grand jury investigations and threat of criminal prosecution. 

April 12, 2005 | Permalink | TrackBack (0)

Monday, April 11, 2005

LexisNexis Sponsors Law Professor Blogs Network

Lexislogo200We are thrilled to announce that LexisNexis has agreed to sponsor all of the blogs in our Law Professor Blogs Network:

LexisNexis shares our vision for expanding the network into other areas of law, so please email us if you would be interested in finding out more about starting a blog as part of our network.

April 11, 2005 | Permalink | TrackBack (0)