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.
IP Literature Watch: September 2022
Among the pieces featured in this month’s IP Literature Watch are a paper discussing the licensing of 5G SEPs by automotive manufacturers; an essay exposing...