June 2010  Volume 9 Issue 5  www.antitrustsource.com
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Roundtable Conference with Enforcement Officials

Enforcers from the U.S., EU, and Canada speak candidly about their guidelines, policies, and priorities. Assistant Attorney General Varney, FTC Chairman Leibowitz, Multistate Task Force Chair Donahue, EC Director-General for Competition Italianer, and Canadian Commissioner of Competition Aitken are grilled on antitrust enforcement — past, present, and future.

A Note on Loyalty Discounts

Jonathan Jacobson examines the standards used by federal courts to evaluate the competitive implications of loyalty discounts. He argues that loyalty discounts closely resemble exclusive dealing arrangements and therefore should be analyzed in largely the same manner.

Behavioral Antitrust: Unanswered Questions on the Horizon

Amanda Reeves tackles some of the vexing questions posed by the application of behavioral economics to antitrust law, including whether behavioral economics is useful in the absence of an organizing principle and who should make the hard decisions about whether behavioral economics should apply.

Behavioral Economics: Implications for Antitrust Practitioners

Elizabeth Bailey examines the implications of behavioral economics on the standard economic assumptions related to consumer and firm decision making. She concludes that antitrust enforcement should incorporate behavioral economics only when the facts of a particular case indicate that the standard economic assumptions do not apply.

Unilateral Effects with Differentiated Consumer Products: A Response to Scheffman and Simons

Gregory Werden contests Scheffman and Simons' contention that the prevalence of kinked demand curves renders standard unilateral effects analysis flawed for differentiated consumer products mergers. Instead, Werden reaffirms the relevance of the standard analysis.

Paper Trail: Working Papers and Recent Scholarship

Editor Bill Page comments on Herbert Hovenkamp's examination of the Supreme Court’s American Needle decision on the future of single entity treatment for affiliated firms.

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