Hylton on Oligopoly Pricing & Posner

Keith N. Hylton (Boston University – School of Law) has posted Oligopoly Pricing and Richard Posner (Forthcoming, Symposium on Posner's Antitrust Contributions, Antitrust Source, 2018) on SSRN.  Here is the abstract: Over a span of nearly 50 years Richard Posner’s voice has loomed large over the subject of oligopoly pricing and antitrust. The span begins in 1969 with Posner’s publication of “Oligopoly and the Antitrust Laws: A Suggested Approach,” which argues for more aggressive enforcement of Section 1 in cases involving circumstantial evidence of conspiracy. The span ends with Posner’s opinion in In re Text Messaging Antitrust Litigation, in 2015. The two writings, the first an academic article published early in Posner’s career and the second a judicial opinion published near the end of his time on the bench, suggest very different approaches to the enforcement of Section 1 in oligopoly pricing cases. In Part II, I…

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