Exclusionary Bundled Discounts and the Antitrust Modernization Commission

Exclusionary Conduct Testimony Before the Antitrust Modernization Commission

Refusals to deal come in many different forms. Appropriate legal standards differ across these forms. A vertical refusal to deal arises when a dominant input supplier refuses to sell its input to downstream rivals. A complementary refusal to deal arises when the dominant supplier of one product sells that product to customers as part of a bundle but refuses to sell that product alone to a rival...

Exclusionary Discounts

We consider a two-period model with two sellers and one buyer in which the efficient outcome calls for the buyer to purchase one unit from each seller in each period. We show that when the buyer’s valuations between periods are linked by switching costs and at least one seller is financially constrained, there exist plausible conditions under which exclusion arises as the unique equilibrium out...

Antitrust, Innovation, and Intellectual Property Testimony Before the Antitrust Modernization Commission

Thank you for the opportunity to appear here today. I am Carl Shapiro, the Transamerica Professor of Business Strategy in the Haas School of Business, and Professor of Economics in the Department of Economics, at the University of California at Berkeley, where I have taught since 1990. I also am Director of the Institute of Business and Economic Research, an Organized Research Unit at U.C. Berk...

U.S. Antitrust Modernization Commission “Antitrust and the New Economy” November 8, 2005

I am Senior Vice President and General Counsel of Cephalon, Inc., a leading biopharmaceutical company based in suburban Philadelphia and dedicated to the discovery, development and marketing of innovative products to treat sleep and neurological disorders, cancer and pain. Cephalon currently employs approximately 2,500 people in the United States and Europe, has sales revenue of just over one b...

Comments To The Antitrust Modernization Commission On Statutory Immunities and Exemptions from Antitrust Law