In this article in Antitrust Law Journal, Sean Durkin shows that the discount attribution test provides a simple, intuitive way to illustrate the procompetitive benefits of loyalty discounts. Using a model of competition implied by the discount attribution test, the article shows how competition can increase when sellers can offer loyalty discounts relative to a situation where they can only offer a single, unconditional price. The results of the model also highlight the flaws in claims often made by plaintiffs and their experts regarding the competitive effects of loyalty discounts.
Antitrust implications of the build vs. buy playbook in the AI era
The rapid growth of artificial intelligence (AI) makes the build-versus-buy question particularly important. AI markets are evolving quickly, and firms must...