- Title Pages
- Contributors
- Introduction: Setting the Stage
- 1 Conservative Economic Analysis and Its Effects
- Thoughts on the Chicago Legacy in U.S. Antitrust
- Some Practical Thoughts About Entry
- Conservative Economics and Antitrust: A Variety of Influences
- Influence of Conservative Economic Analysis on the Development of the Law of Antitrust
- On the Foundations of Antitrust Law and Economics
- 2 Is Efficiency All That Counts?
- The Efficiency Paradox
- The Chicago School’s Foundation Is Flawed: Antitrust Protects Consumers, Not Efficiency
- 3 Chicago School and Dominant Firm Behavior
- The Harvard and Chicago Schools and the Dominant Firm
- Comment on Herbert Hovenkamp and the Dominant Firm: The Chicago School Has Made Us Too Cautious About False Positives and the Use of Section 2 of the Sherman Act
- 4 Can Vertical Arrangements Injure Consumer Welfare?
- Economic Analysis of Exclusionary Vertical Conduct: Where Chicago Has Overshot the Mark
- Wrong Turns in Exclusive Dealing Law
- 5 Has the Free Rider Explanation for Vertical Arrangements Been Unrealistically Expanded?
- The <i>Sylvania</i> Free Rider Justification for Downstream-Power Vertical Restraints: Truth or Invitation for Pretext?
- Free Riding: An Overstated, and Unconvincing, Explanation for Resale Price Maintenance
- 6 Reinvigorating Merger Enforcement That Has Declined as a Result of Conservative Economic Analysis
- Reinvigorating Horizontal Merger Enforcement
- Appendix
- Index
The Sylvania Free Rider Justification for Downstream-Power Vertical Restraints: Truth or Invitation for Pretext?
The Sylvania Free Rider Justification for Downstream-Power Vertical Restraints: Truth or Invitation for Pretext?
- Chapter:
- (p.181) The Sylvania Free Rider Justification for Downstream-Power Vertical Restraints: Truth or Invitation for Pretext?
- Source:
- How the Chicago School Overshot the Mark
- Author(s):
Warren S. Grimes
- Publisher:
- Oxford University Press
This paper argues that free riding is a pretext. It offers a detailed analysis of fact and law in Business Electronics v. Sharp Electronics, a Supreme Court decision in which Justice Scalia ignored record facts and a jury finding to justify a cutoff of a discounting dealer. Although there was virtually no evidence of free riding by the discounter, Scalia rated the defense as “holy writ,” not as a concept to be measured against the evidence.
Keywords: free riding, Supreme Court, Justice Scalia, efficiency, competition, vertical restraints
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- Title Pages
- Contributors
- Introduction: Setting the Stage
- 1 Conservative Economic Analysis and Its Effects
- Thoughts on the Chicago Legacy in U.S. Antitrust
- Some Practical Thoughts About Entry
- Conservative Economics and Antitrust: A Variety of Influences
- Influence of Conservative Economic Analysis on the Development of the Law of Antitrust
- On the Foundations of Antitrust Law and Economics
- 2 Is Efficiency All That Counts?
- The Efficiency Paradox
- The Chicago School’s Foundation Is Flawed: Antitrust Protects Consumers, Not Efficiency
- 3 Chicago School and Dominant Firm Behavior
- The Harvard and Chicago Schools and the Dominant Firm
- Comment on Herbert Hovenkamp and the Dominant Firm: The Chicago School Has Made Us Too Cautious About False Positives and the Use of Section 2 of the Sherman Act
- 4 Can Vertical Arrangements Injure Consumer Welfare?
- Economic Analysis of Exclusionary Vertical Conduct: Where Chicago Has Overshot the Mark
- Wrong Turns in Exclusive Dealing Law
- 5 Has the Free Rider Explanation for Vertical Arrangements Been Unrealistically Expanded?
- The <i>Sylvania</i> Free Rider Justification for Downstream-Power Vertical Restraints: Truth or Invitation for Pretext?
- Free Riding: An Overstated, and Unconvincing, Explanation for Resale Price Maintenance
- 6 Reinvigorating Merger Enforcement That Has Declined as a Result of Conservative Economic Analysis
- Reinvigorating Horizontal Merger Enforcement
- Appendix
- Index
