Abstract

http://ssrn.com/abstract=1395076
 
 

Citations (1)



 


 



How Do (and Should) Competition Authorities Treat a Dominant Firm's Deception?


Maurice E. Stucke


University of Tennessee College of Law

April 26, 2009

Southern Methodist University Law Review, Vol. 63, p. 1069, 2010
University of Tennessee Legal Studies Research Paper No. 57

Abstract:     
This Article discusses deception and its potential anticompetitive effects. Since deception lacks any redeeming ethical, moral, or economic justifications, and trust in the marketplace is paramount, multiple laws seek to deter and punish deception. Although the federal antitrust laws seek to deter acts of unfair competition, which historically included a competitor’s deception, some federal courts, recently have erected hurdles for antitrust plaintiffs injured by a monopolist’s deception. Such hurdles are contrary to the Sherman Act's legislative aim, the common law antecedents of the Sherman Act, and other congressional policies. Moreover, the courts’ legal standards for evaluating a monopolist’s deception involving advertising and product disparagement, vaporware, standard-setting organizations, and other deceptive conduct differ. This Article proposes a “quick-look” legal standard for evaluating a monopolist’s alleged deception. It addresses how the standard promotes several rule-of-law principles and responds to several concerns about using the antitrust laws to combat deception.

Number of Pages in PDF File: 55

Keywords: Sherman Act, Antitrust, Competition Policy, Dominant Firm, Monopoly, Deception, Fraud, Section 2

JEL Classification: K21, L41, L12, K13

Accepted Paper Series





Download This Paper

Date posted: April 27, 2009 ; Last revised: February 22, 2012

Suggested Citation

Stucke, Maurice E., How Do (and Should) Competition Authorities Treat a Dominant Firm's Deception? (April 26, 2009). Southern Methodist University Law Review, Vol. 63, p. 1069, 2010; University of Tennessee Legal Studies Research Paper No. 57. Available at SSRN: http://ssrn.com/abstract=1395076

Contact Information

Maurice E. Stucke (Contact Author)
University of Tennessee College of Law ( email )
1505 W. Cumberland Ave.
Knoxville, TN 37996
United States
865-974-9816 (Phone)
HOME PAGE: http://law.utk.edu/people/maurice-e-stucke/

Feedback to SSRN


Paper statistics
Abstract Views: 3,141
Downloads: 292
Download Rank: 60,656
Citations:  1

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.282 seconds