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

Harm to Competition

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  Antitrust laws d/n protect competitors, only protects consumers
  

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  Is harm to the market sufficient?
  

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  May be for government (i.e., Microsoft – harm to innovation is harm to the market)
  
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  But private actions require more  harm to consumers
  
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  Private parties can rely on gov’t case if they were directly harmed and have standing
  
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  Law d/n protect competitors: but competitors’ interests may reflect consumer interests
  

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  Per se illegal – very few cases d/n require some sort of anticompetitive conduct
  

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  Structural monopoly (AT&T), even w/o bad acts, natural effect is anticompetitive
  
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  Essential facility – may have “duty” to competitors; a structural problem
  
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  Merger to monopoly – but a transaction that results in monopolization
  

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