Wright Provides Expert Testimony Before FTC and DOJ Antitrust Division
Professor Joshua Wright testified on November 15, 2006, as an expert witness on exclusive dealing before the Federal Trade Commission and the Department of Justice's (DOJ) Antitrust Division. The hearing was the latest in a series designed to examine the implications of single-firm conduct under the antitrust laws, specifically considering whether and when certain types of single-firm conduct may violate Section 2 of the Sherman Act by harming competition and consumer welfare and when they are pro-competitive and lawful.
"Exclusive dealing contracts have been the focus of a substantial amount of recent antitrust litigation. A number of these cases allege that slotting contracts, payments from manufacturers to retailers for promotional shelf space, impair rivals and ultimately harm competition. A theme in these cases, such as McCormick, Conwood, and Gruma, appears to be that some form of exclusivity term explicitly limiting rivals' access to shelf space appears to be a necessary condition for antitrust liability. My testimony examines antitrust analysis of exclusive shelf space arrangements."