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Welfare, Monopolization, Dominance, and Judicial Review

Welfare, Monopolization, Dominance, and Judicial Review

(p.25) 2 Welfare, Monopolization, Dominance, and Judicial Review
The Atlantic Divide in Antitrust
Daniel J. GiffordRobert T. Kudrle
University of Chicago Press

This chapter explains the complications of total versus consumer welfare standards; the differences between monopolization and abuse of dominance; the varying meanings of market power and monopoly power; and differing judicial review procedures. These topics underpin the exploration, in separate chapters, of mergers; exclusive dealing; price discrimination; predatory pricing; loyalty and bundled discounts; intellectual property and dynamic competition. In these diverse areas, the rationales underlying their differing treatment under U.S. and EU law are interconnected. For example, the rationales supporting EU treatment of loyalty discounts are related to the rationales supporting the treatment of price discrimination, of exclusive supply contracts and of predatory pricing. This treatment differs sharply from that accorded the same issues in the U.S. The rest of this book explores such connections.

Keywords:   monopolization, abuse of dominance, consumer welfare, total welfare, market power, monopoly power, judicial review

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