Coercion, deception, and other demand-increasing practices in antitrust law

Article Abstract:

A test should be utilized by courts which is capable of determining whether market demand-increasing practices which shift costs from one consumer market to another are anticompetitive. No doctrine exists or can be adapted to test if sellers' alleged coercive and deceptive practices are injurious to consumers. A workable test of illegal anticompetitive effect is to determine whether a seller's costs of increasing demand for a product is shifted to purchasers of another product.

Competition (Economics), Fraud, Duress (Law), Coercion (Law)

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Challenging the economic incentives analysis of competitive effects in acquisitions of passive minority equity interests

Article Abstract:

The author analyzes a number of Department of Justice consent decrees requiring acquiring firms to divest themselves of their passive minority equity interests in competing firms.

Acquisitions and mergers, Minority stockholders

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The role of power in the rule of reason

Article Abstract:

The author examines varying federal court decisions on the role of market power under the Sherman Act and the rule of reason.

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