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Comments on the Report on Single-Firm Conduct

Kenneth Ewing

Antitrust Chronicle, 2008, vol. 10

Abstract: What to make of the Department of Justice, Antitrust Division (“DOJ†)’s recent Unilateral Conduct Report (“Report†) does it point to a path through the Scylla and Charibdis of monopoly enforcement policy, as the current Assistant Attorney General for Antitrust portrays it, or, to borrow the words of one of his predecessors but the sentiments of a majority of the Federal Trade Commission (“FTC†), does it portend Giant Steps in the wrong direction? I suggest that the Report, while perhaps not of such mythic proportions (despite its 181 page girth) nonetheless takes us a few halting steps down a promising path that we should continue along for a while and then reassess in, say, five years.

Date: 2008
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