THE ANTITRUST SOURCE - February 2021

In This Issue

Clarifying Bundle Markets and Distinguishing Them from Cluster Markets

Kevin Hahm and Loren K. Smith

The concepts of cluster markets and bundle markets both involve a customer purchasing multiple products and services from a common supplier, sometimes leading to controversy over which of the two analyses is appropriate. Kevin Hahm and Loren K. Smith define and distinguish the two, highlighting differences as well as unresolved questions.

Circuits Reinforce Split over When Noerr-Pennington Shields Serial Litigants

Dylan Carson and Scott Russell

Noerr-Pennington exempts certain types of petitioning, protests, and litigation from liability under the antitrust laws, unless those actions are a “sham.” But U.S. Circuit Courts are split on how to identify “sham” petitioning under Noerr. Dylan Carson and Scott Russell unpack this circuit court split and analyze both sides of the issue.

Acting Against a More Powerful Business Partner: Banning Abuses of Economic Dependence

Thomas De Meese, Jules Stuyck, and Laura van Kruijsdijk

EU antitrust law does not deal specifically with the abuse of economic dependence, a situation that might arise in B2B commercial relations when there is a relative imbalance of market power. Thomas De Meese, Jules Stuyck, and Laura van Kruijsdijk explore this issue and the efforts of certain Member States to fill the gap by focusing on a recent addition to Belgian antitrust law.

Book Review: Innovation Matters: Competition Policy for the High-Technology Economy by Richard J. Gilbert

Jonathan Baker

According to reviewer Jonathan Baker, there can be no better guide for understanding the connection between antitrust enforcement and innovation than the work of Richard Gilbert. In this book, Gilbert synthesizes what he has learned in his long engagement with innovation economics and competition policy.

Book Review: Radical Uncertainty: Decision-Making Beyond the Numbers by John Kay and Mervyn King

Seth Sacher

Reviewer Seth Sacher applies the lessons of John Kay and Mervyn King concerning the use of economic models under uncertainty to draw parallels for the practice of antitrust.

Book Review: Big Tech and the Digital Economy: The Moligopoly Scenario by Nicolas Petit

Steven Cernak

Steven Cernak commends Nicolas Petit’s analysis for going behind the headline coverage of Big Tech to find the common factors in the behavior of these companies and what it means for antitrust.

THE ANTITRUST SOURCE - February 2021 - Volume 20 Issue 4