Wednesday, May 13, 2009
Posted by D. Daniel Sokol
Maurice Stucke of the University of Tennessee Law School asks How Do (and Should) Competition Authorities Treat a Dominant Firm’s Deception?
ABSTRACT: Deception arises in various contexts. At times, a monopolist’s deception, while immoral, may not (or only remotely) impair competition. This article discusses deception, its potential anticompetitive effects, and the legal institutions to deter and punish deception. This article next evaluates the U.S. courts’ varying legal standards for evaluating a monopolist’s deception under the Sherman Act, and proposes a “quick-look” legal standard for evaluating such conduct.