Antitrust & Competition Policy Blog

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

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Tuesday, June 28, 2005

The Sequel to Microsoft?

AMD filed a suit against chip maker Intel, alleging that the chip manufacturer abused its market power in an exclusionary manner.  Articles from Electronic News, The Washington Post, The Inquirer and PC World offer varied perspectives. 

June 28, 2005 | Permalink | TrackBack (0)

Intent vs. Effects: Another Perspective

Last week, I posted links to articles by Marina Lao and Thomas McGreavey, each making the case for an intent-based, as opposed to an effects-based, approach to antitrust law.  Geoffrey A. Manne,  a professor at Lewis & Clark Law School, and Marc Williamson, a partner with Latham & Watkins, make the case for the economic effects based approach in Hot Docs and Cold Economics, forthcoming in Arizona Law Review.  They make the following point:

While it is beyond dispute that antitrust adjudication is difficult, we show that the regulatory and scholarly effort to bring business documents to bear in proving antitrust cases has a "the light's better over here" feel to it. It is undoubtedly easier to "discover" anticompetitive behavior and relevant markets by inferences from business language than it is from rigorous economic analysis. Not only regulators but also courts (to say nothing of juries) are moved by business rhetoric. However, we contend that business rhetoric bears little relationship to economic reality. Corporate managers are not, generally, economists; nor are they antitrust lawyers. Accounting, accountability, personal incentives and other concerns that do not relate in an obvious way to the maximization of the firm's profits influence the daily operation of business - and the language of business - far more than do underlying economic and legal concepts. Reliance by courts and regulators on accounting information, business characterizations and expressions of intent to demonstrate anticompetitive effect is thus misplaced. The likelihood of error resulting from the use of business documents is substantial. For these reasons, principled antitrust enforcement must rely on evidence of actual economic effect, rather than flawed perceptions of business conduct.

June 28, 2005 | Permalink | TrackBack (0)

Monday, June 27, 2005

FTC report on benefits of P2P

Shortly before the Supreme Court ruled against Grokster, the FTC issued a report on the benefits of P2P networks.   It will be interesting to see how this plays out in Congress.  I have not read the Supreme Court's decision yet, but based on The Washington Post article,  my reading is that the unanimous Court  emphasized  Groskter's intent in inducing infringement, creating an issue that defeats summary judgment. 

June 27, 2005 | Permalink | TrackBack (0)

Supreme Court Rules that Cable Companies Need NOT Open up Access

This from the Washington Post site.

June 27, 2005 | Permalink | TrackBack (0)