The Creation and Uses of Economic Power
In this part we explore antitrust and antitrust economics in connection with various substantive offenses. We begin with conduct that may or may not be a violation of Section 2 of the Sherman Act (which forbids monopolization and attempts and combinations to monopolize). We then shift to a European perspective on substantially the same offense: abuse of a dominant position. We proceed to examine vertical distribution restraints under Section 1 of the Sherman Act. Finally, we examine a variety of collaborative restraints under both the Sherman and the Clayton Acts, considering their treatment under a per se rule, a structured rule of reason, and an "open" rule of reason.