Monday, November 16, 2009

Intel's newest lawyer..

antitrust:
http://www.wilmerhale.com/files/Publication/ad127e35-c391-4c32-af63-67a840080b61/Presentation/PublicationAttachment/e4c04a7f-c942-4923-af07-6cb5a18dca9c/Melamed_ExclusiveDealingAgreements.pdf

Market power, while a necessary condition of illegality, should not be
sufficient to condemn such exclusionary agreements because they might
be the most efficient form of distribution, even if used by a monopolist.
In that event, the market power gained by the manufacturer can be said
to be the result of its “superior skill, foresight and industry” and would
not provide a sufficient basis for condemning the agreement.

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