WASHINGTON -
Aug. 1, 2013 -
PRLog --
Maurice Stucke: Looking at Monopsony in the Mirror 62 Emory L.J. 1509 (2013) (http://geyergorey.com/wp-admin/post.php?post=2037&action=edit)In his latest law review article on the subject of monopsonies, Prefessor Stucke states in conclusion that: "given the competition agencies’
interest in, and industry complaints over, monoposonies, courts should expect more antitrust challenges. In these monopsony cases, courts will likely hear that monopsony is the mirror image of monopoly. But as this Article contends, courts should be careful when importing monopolization standards for monopsony cases. What works for monopolization claims will not necessarily work for monopsony claims. First, courts and agencies should not screen monopsony claims with the monopolization caselaw’
s high market-share thresholds. Rather, this Article offers a simple rule of thumb for assessing monopsony claims, namely the degree of coercion. The greater the evidence that the defendant forces sellers to do things that they otherwise would not do in competitive markets, the more likely the defendant is a monopsony.... The challenge for the competition agencies is to develop the legal standards in a way that deters abuses of monopsony power, promotes consumers’
concerns of fairness, and is aligned with the rule of law.
To read more, go to:
http://geyergorey.com/maurice-stucke-looking-at-monopsony-in-the-mirror-62-emory-l-j-1509-2013/