Levels of Generality and Antitrust’s Deference to Product Design, Stacey Dogan, Boston University
- 12:00PM to 1:30PM
- Online
“[A]ny firm, even a monopolist, may generally bring its products to market whenever and however it chooses.” This line, from the Second Circuit’s 1979 Berkey Photo v. Kodak opinion, appears in legal briefs filed by technology platforms in the recent spate of antitrust suits against them. To the defendants in these cases, Berkey Photo forbids judicial interference in product-related decisions by dominant firms, regardless of their exclusionary effects.