Revitalizing Antitrust in Its Second Century: Essays on Legal, Economic, and Political Policy

By Harry First; Eleanor M. Fox et al. | Go to book overview

even licensing a superior production process) where competitors need such assistance in order to compete effectively. The Seventh Circuit has commented that

If [ Aspen Skiing] stands for any principle that goes beyond its unusual facts, it is that a monopolist may be guilty of monopolization if it refuses to cooperate with a competitor in circumstances where some cooperation is indispensable to effective competition. 6

Also, as Professors Areeda and Hovenkamp have noted, "virtually any act of a monopolist might be condemned under the jury instructions approved by the Aspen Court."7

Thus, Aspen Skiing invites a plethora of Section 2 refusal-to-deal cases by competitors against a rival with alleged monopoly power. Unless interpreted as not extended to such cases, Aspen Skiing may lead to a cutback on the basic principle that it is no violation of Section 2 for a firm to acquire or maintain monopoly power through self-developed productive process efficiency or superior product components that it does not make available to competitors. In addition to lowering incentives to innovate, imposing an obligation on a firm with monopoly power over components to sell them to competitors could involve courts in the complicated task of price and supply-allocation regulation because the allegedly necessary benefits to competitors from compulsory selling would be eliminated or reduced if the seller charged them high prices or favored itself during periods of supply shortage. And such obligations would tend to discourage beneficial vertical integration.

For the reasons set forth in the Areeda-Turner treatise, 8 vertical integration or integration into complementary products by a firm with monopoly power merits condemnation only in extremely limited circumstances; and where the integration is lawful, refusal to supply a monopolized product to competitors or a "price squeeze" on competitors rarely merits condemnation. 9

To sum up, as Professors Krattenmaker, Lande, and Salop point out, any formulation and expansion of Section 2 coverage must be very carefully drafted.


NOTES
1.
334 U.S. 100, 107 ( 1948).
2.
603 F.2d 263, 276 (2d Cir. 1979), cert. denied, 444 U.S. 1093 ( 1980).
3.
Id. at 284. However, the court added the following important qualification: But, as we have indicated, a large firm does not violate § 2 simply by reaping the competitive rewards attributable to its efficient size, nor does an integrated business offend the Sherman Act whenever one of its departments benefits from association with a division possessing a monopoly in its own market. So long

-209-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Revitalizing Antitrust in Its Second Century: Essays on Legal, Economic, and Political Policy
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 550

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.