Aftermarkets and consumer welfare: making sense of Kodak

Article Abstract:

The US Supreme Court's decision in Eastman Kodak Co. v. Image Technical Services has been cited as an example of post-Chicago antitrust law, but the Kodak decision's definition of monopoly power in aftermarkets is too broad. The antitrust analysis that has surfaced in response to the Chicago School has been more fact-based and has been more open to showings of market failure. Despite the assertions of the Court in Kodak, anticompetitive behavior rarely results in aftermarkets and consumer welfare losses that may occur are often recouped in the primary market.

Interpretation and construction, Tying agreements, Tying arrangements

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Resurrecting incipiency: from Von's Grocery to consumer choice

Article Abstract:

The author discusses the incipiency doctrine in antitrust law, its enduring impact on mergers to the neglect of consumers, and suggests a return to a consumer choice standard with a "sliding scale" approach for law enforcement to better fulfill congressional goals.

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Scale economies and synergies in horizontal merger analysis

Article Abstract:

The authors evaluate the treatment of efficiencies in horizontal mergers, focusing on scale economies and synergies in antitrust law.

Economies of scale, Horizontal integration

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