When a Monopolist Deceives
Maurice E. Stucke
University of Tennessee College of Law; The Konkurrenz Group
July 17, 2010
Antitrust Law Journal , Vol. 76, No. 3, p. 823, 2010
University of Tennessee Legal Studies Research Paper No. 118
This essay uses one context - a monopolist’s deceptive advertising or product disparagement - to illustrate how competition authorities and courts should evaluate a monopolist’s deception under the federal antitrust laws. Competition authorities should target a monopolist’s anticompetitive deception, which courts should treat as a prima facie violation of the Sherman Act without requiring a full-blown rule of reason analysis or an arbitrary, multi-factor standard.
Number of Pages in PDF File: 25
Keywords: Antitrust, Monopoly, Deception, Fraud, Section 2
JEL Classification: K21, L41, L12
Date posted: July 18, 2010 ; Last revised: September 2, 2010
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