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Stop Making Sense: Reviving the Robinson-Patman Act and the Economics of Intermediate Price Discrimination
I. Introduction Early in the 20th century, a new model for retail sales arose: chain stores. One chain, the Great Atlantic & Pacific Tea Company (A&P), became America’s largest retailer during 40…
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Zombie Antitrust: Is Robinson-Patman a Dead Law Walking?
Introduction Lawrence O’Brien, well-known confidant and aide to the Kennedys at the height of their 1960s power, entitled his political autobiography No Final Victories. What…
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Achieving Change at the Federal Trade Commission
Introduction “Never mistake activity for achievement.” – John Wooden Although small in budget, the Federal Trade Commission (FTC) has sometimes had an outsized impact. Created to fulfill one of…
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Turning Back the Clock: Structural Presumptions in Merger Analyses and Revised Merger Guidelines
Introduction Since 1950, when Congress closed a loophole in Section 7 of the Clayton Act,[1] the federal antitrust agencies have investigated actively, and prosecuted diligently, mergers the government…
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Screening Out Innovation
Executive Summary This report addresses the appropriate antitrust standards for vertical mergers. It first provides an overview, and then analyzes a specific application to the Federal Trade Commission’s…