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.
When Antitrust's Consumer Welfare Standard And ESG Collide
The consumer welfare standard has been a subject of intense interest and debate recently in the U.S., punctuated by the 19-hour debate session in Congress in...