This week we look at a recent decision of the Federal Trade Commission as a way into the economics-based debates that permeate modern antitrust. the majority decision of the FTC was upheld by the Court of Appeals, but what I want to focus on in the discussion is the approach one takes to regulating unilateral conduct and to examine what causes the debate between the majority and dissent: where do they differ and why? I have also included a paper that seeks to compare the approach in the United States with that of the European Union, so we can explore also this third perspective.
Schweitzer ‘Parallels and Differences in the attitudes towards single firm conduct: what are the reasons? (2007) EUI Working Paper 2007/32
Mc Wane v FTC 11th Circuit (2015)