Monday, November 16, 2009
Posted by D. Daniel Sokol
Daniel Crane (University of Michigan) & Josh Wright (George Mason University School of Law) ask Can Bundled Discounting Increase Consumer Prices Without Excluding Rivals?
ABSTRACT: Since we abhor suspense, we will quickly answer the question our title poses: No. As a general matter, bundled discounting schemes lower prices to consumers unless they are predatory—that is to say, unless they exclude rivals and thereby permit the bundled discounter to price free of competitive restraint. The corollary of this observation is that bundled discounting is generally pro-competitive and pro-consumer and should only be condemned when it is capable of excluding rivals. We pose and answer this question because it is at the heart of Section VI of Professor Elhauge’s provocative draft article which is the subject of this symposium.