Antitrust 1 Prof. E. Fox Fall 2004 1 I. Introduction to Antitrust Law 4 a. General Background 4



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Harm to Competition


  • Is harm to the market sufficient?

  • May be for government (i.e., Microsoft – harm to innovation is harm to the market)

  • But private actions require more  harm to consumers

  • Private parties can rely on gov’t case if they were directly harmed and have standing

  • Law d/n protect competitors: but competitors’ interests may reflect consumer interests

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