Antitrust & Competition Policy Blog

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

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Wednesday, April 8, 2009

Antitrust in the Not‐for‐Profit Sector

Posted by D. Daniel Sokol

Tomas J. Philipson (University of Chicago - Harris School of Public Policy) and Richard A. Posner (University of Chicago - Law) analyze Antitrust in the Not‐for‐Profit Sector.

ABSTRACT: Although the not‐for‐profit sector contributes greatly to aggregate output in many industries, there has been little explicit analysis of the economic consequences of applying antitrust policy in this sector. Despite the differences between for‐profit and nonprofit firms stressed in conventional economic analyses, U.S. antitrust law generally does not distinguish between these two organizational forms. This paper argues that, under plausible assumptions and with possible exceptions, the same incentives to restrain trade exist in the nonprofit sector as in the for‐profit sector. Altruistic firms benefit from exploiting market power, even when they would price below cost in the absence of competition. In fact, the efficiency gains from antitrust policy may often be larger for nonprofit firms. Therefore, a policy of promoting competition has social value even when producers’ motivations are altruistic. The argument for uniform antitrust treatment of the two sectors extends to exemptions from antitrust law as well.

http://lawprofessors.typepad.com/antitrustprof_blog/2009/04/antitrust-in-the-notforprofit-sector.html

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Comments

This post is very much informative and unique also from the point of the theme. Today where the whole world is moving around the profit and gain, non-profit sector is going to be extinct. But it is also true that non profit sector contributes a lot to aggregate good output in various industries. In this time, I think the implementation of the U.S. antitrust law will surely bring some positive result. This step of the US government will surely increase the level of faith in the mind of the general people towards the non profit sector.

Posted by: Robin Williams | Apr 9, 2009 5:33:22 AM

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