Thursday, October 23, 2008
Posted by D. Daniel Sokol
In the current issue of Antitrust Insights published by NERA, "Tim Daniel and Elizabeth (Liz) Bailey discuss and debate the key questions that don’t seem to have any easy answers. Why is it so difficult to distinguish procompetitive conduct from anticompetitive conduct? When does harm to a competitor imply harm to the competitive process? What types of analyses and evidence should we be doing to get the answers? Their conversation is a preview of what we can expect going forward and a discussion that is filled with examples drawn from their past experience and expertise."