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'Sui Generis'?: An Antitrust Analysis of Buyer Power in the United States and European Union


Richard Scheelings


Victorian Bar

Joshua D. Wright


Federal Trade Commission; George Mason University School of Law


Akron Law Review, Vol. 39, No. 1, pp. 207-243, 2006
George Mason Law & Economics Research Paper No. 05-30

Abstract:     
Periods of profound innovation and technological change invariably result in short run winners and losers. The rise of big box retailers like Wal-Mart, as well as the existence of large supermarket chains, has led competition authorities to focus anew on the issue of buyer power. Antitrust authorities in the United States have been investigating slotting fees and other retail practices, while UK and EU authorities have commenced a number of inquiries into the competitiveness of the supermarket grocery retail sector. Some in competition policy circles in the United States and Europe claim that there is something sufficiently special about market power on the buyer side of vertically related industries as to warrant special antitrust scrutiny or a separate analytical framework altogether. In this paper we outline both the relevant applicable law in the US and Europe, as well as the economics of buyer power. We conclude that while antitrust authorities must always be mindful of the facts and details of any potentially anticompetitive agreement, from an economic point of view, the case for treating buyer power differently from any other form of market power is unpersuasive. We compare U.S. and E.U. antitrust law, focusing our analysis on the adequacy of legal treatment of buyer power in the retail sector, and particularly, with respect to supermarkets.

Number of Pages in PDF File: 38

Keywords: buyer power, monopolization, monopsony, slotting allowances

JEL Classification: K21, L40, L41, L42

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Date posted: September 20, 2005  

Suggested Citation

Scheelings, Richard and Wright, Joshua D., 'Sui Generis'?: An Antitrust Analysis of Buyer Power in the United States and European Union. Akron Law Review, Vol. 39, No. 1, pp. 207-243, 2006; George Mason Law & Economics Research Paper No. 05-30. Available at SSRN: http://ssrn.com/abstract=800886

Contact Information

Richard Scheelings (Contact Author)
Victorian Bar ( email )
C/- Clerk G
Melbourne, Victoria 3000
Australia
Joshua D. Wright
Federal Trade Commission ( email )
601 New Jersey Ave., NW
Washington, DC 20580
United States
George Mason University School of Law ( email )
3301 Fairfax Drive
Arlington, VA 22201
United States
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