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52 Antitrust Bull. 95 (2007)
A Marketer's View of Competition and Antitrust

handle is hein.journals/antibull52 and id is 101 raw text is: THE ANTITRUST BULLETIN: Vol. 52, No. l/Spring 2007 : 95 A marketer's view of competition and antitrust By ALLAN D. SHOCKER* I. INTRODUCTION Marketing and antitrust are strongly interrelated. Typically it is cer- tain objectionable marketing practices that have made antitrust action necessary. And antitrust decisions can affect future marketing prac- tices and alternative strategies. Pricing and promotion practices, in particular, have figured prominently in many legal actions (e.g., deceptive pricing or advertising, predatory pricing, refusals to deal, unfair competition, and mergers and acquisitions that potentially offer marketing efficiencies). Aftermarket antitrust cases, however, largely involve product interrelations; which is not to say that the other aspects of marketing do not matter, but it seems beneficial to focus on these. Aftermarkets, for the most part, sell products and * Allan D. Shocker is retired from the University of Minnesota-Twin Cities, where he had been the Curtis L. Carlson Professor of Marketing in its Carlson School of Management. After retirement he served as Visiting Profes- sor of Marketing at San Francisco State University (COB), Carnegie Mellon University (Tepper), and the University of California at Davis (GSM). Con- tact: ashocker@sfsu.edu. AUTHOR'S NOTE: I wish to thank Prof. Gregonj Gundlach, Professor of Marketing at the University of North Florida, for his helpful comments and suggestions to improve presentation of this article. It reflects my thoughts and views regarding the intersec- tion of antitrust with marketing in the context of aftermarkets. © 2007 by Federal Legal Publications, Inc.