Wednesday, March 18, 2009
Bathwater Out. Now What to Do with Economic Analysis? Antitrust Standards for Unilateral Conduct: Sense and Consensus
Posted by D. Daniel Sokol
The US Chamber of Commerce has taken a stand in which it defends the Section 2 Report in Bathwater Out. Now What to Do with Economic Analysis? Antitrust Standards for Unilateral Conduct: Sense and Consensus.
ABSTRACT: The Chamber [of Commerce] argues in the following essay that the Section 2 report should not be summarily dismissed and believes that it is a credible and worthy contribution to the debate on single-firm conduct. Regardless of whether future agency leaders adopt the specific approaches taken in the Report, the Chamber urges those leaders to recognize that much of the Report is comfortably within the mainstream of current antitrust analysis, which cannot necessarily be said of all of the criticism of the Report. The Report represents a substantial body of work that, at a minimum, should be carefully considered as future leaders develop their enforcement policies. Any alternative policy prescriptions should be justified by analysis and support that is as substantial as that presented in the Report.