July 6, 2005
A recently released report from the American Antitrust Institute recommends reforms to the Robinson-Patman Act to strengthen enforcement against secondary line price discrimination cases, or cases involving price discrimination among buyers. The report concludes that after the Brooke Group decision, which applied the legal standard of predatory pricing to primary line cases (involving differential pricing intended to limit competition among sellers), primary line price discrimination cases are on the right course. The one caveat that the report provides is the current criminalization of primary line price discrimination, which the report recommends abolishing. As for secondary line cases, the report recommends a stronger market power requirement and a stronger defense of cost justification. Since the Supreme Court will be reviewing an important Robinson Patman case next term, a case involving alleged price discrimination by Volvo in the distribution of its trucks, it will be interesting to see whether the rules for secondary line cases will be reformed in the way that the rules for primary line cases were reformed over 10 years ago in Brooke Group.
Confessions of a Former FTC Commissioner
Kenneth Davidson, recently retired FTC Commissioner, will be a Senior Fellow with the American Antitrust Institute. His memoirs of his 27 years as commissioner provide an insight into the workings of the FTC and the developments of international antitrust law, particularly in Indonesia.
July 5, 2005
Go v. Microsoft: The Antitrust Wars Continue
Go, the maker of software for computer pen styluses, presses on with its lawsuit against Microsoft, claiming that the Redmond software company attempted to kill its operating system in the early 90's and stole its design for a stylus for the tablet computer. The suit was filed a few days before Microsoft's settlement with IBM.