Tuesday, June 23, 2015
Kimble and Revisiting Bad Antitrust Doctrine
The Supreme Court decision in Kimble v Marvel came out yesterday. The Court suggested that in antitrust cases, stare decisis has limits in antitrust and that we should see a change in doctrine as we have a better understanding of economics to guide us for better case law. What are those areas most in need (based on how bad the underlying "good" case law is) of reform? I provide my top three terrible decisions previously endorsed by the Supreme Court:
1. criminal application of Robinson Patman
2. merger efficiencies are unlawful
3. tying is per se illegal
I open it up to readers to add their thoughts on bad antitrust doctrines and decisions. Please note that unless you use your real name, I am not posting your comment (this means you Dan Crane - aka, the "Wolverine Avenger").
https://lawprofessors.typepad.com/antitrustprof_blog/2015/06/kimble-and-revisiting-bad-antitrust-doctrine.html
criminal application of Robinson Patman, is not an antitrust doctrine, it's a criminal one.
Posted by: Tsahi Gold | Jun 23, 2015 10:55:09 PM