Financial networks avoid antitrust ills

Article Abstract:

Payments-system joint ventures have largely escaped the antitrust analysis to which banks have been subjected because the clear standards of analysis for banks are lacking in the case of joint ventures. Possible joint ventures between bank networks necessitate two levels of market analysis, that of the network market and also of the primary markets level at which the banks compete. The Department of Justice has been unwilling to issue clear guidelines in this area. Some networks which have opened access under threat of boycott may in the future be defendants in antitrust litigation.

Laws, regulations and rules, Financial services industry, Financial services, Joint ventures

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High court sheds light on state action

Article Abstract:

The US Supreme Court again considered the state action doctrine in FTC v Ticor Title Insurance Co, and upheld an imposition of antitrust liability because certain states had not met the 'active supervision' prong of the Midcal test in their oversight of joint rate filings by title insurance companies. The 'clear articulation' and 'active supervision' parts of this test are difficult to apply since most anti-competitive state arrangements blend public and private interests. This public-private ambiguity has always been there and forced courts to rely on characterization.

State action (Antitrust law)

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Justices assess repair-market monopoly

Article Abstract:

The case Eastman Kodak Co v Image Technical Service Inc concerns whether a manufacturer can exclude independent firms from providing repair services for its new equipment without violating antitrust law. More specifically, the tying agreement provisions of antitrust law are at issue. The independent service organizations contend that this practice makes it possible for Kodak to gouge customers on repair parts and services. Kodak contends it would not make economic sense to gouge because it would lose future sales.

Monopolies, Tying agreements, Tying arrangements

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