LAW 642 Lecture Notes - Lecture 45: Mobile Advertising, Market Power, Effective Competition
30 May 2020
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Google/admob: supposing it were a joint venture just for laughs! Facts of joint venture: share on mobile advertising and agree not to compete in that market only, indefinite term but cancellable by either party on 6 months notice. In so called new market industries, the ftc notes that they give weight to the likelihood that the market is so dynamic that competitors much more likely to enter. If it"s a foga-style cartel then maybe, but courts have shown significant reluctance to find per se violation. Post-foga treatment of refusals to deal: the law has since demonstrated some reluctance to find per se violation by virtue of naked boycott fact pattern, instead opting for a more nuanced rule of reason analysis. Plaintiff dual distributor (wholesaler-retailer) cut off from co-op of stationary retailers without notice, which p alleged amounted to a per se illegal naked boycott.
