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Discordant Notes: A Reply to Professor Wright

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  • Muris Timothy J

    (George Mason University School of Law)

Abstract

Professor Wright mischaracterizes both the legal basis and the factual context of the FTC's Three Tenors opinion, recently affirmed by Judge Ginsburg's opinion for a unanimous panel of United States Court of Appeals for the District of Columbia Circuit. Neither opinion's legal analysis relies on the timing of the moratorium agreement. Under either opinion, the agreement to eliminate advertising and price competition would have been proscribed even had it occurred when the joint venture was formed. Moreover, the factual underpinnings of the case differ from Professor Wright's assertions. In particular, the facts demonstrate that the joint venture did not attempt to promote the combination of various three tenors products. The only coordination with the first two albums was a restriction on their discounting and advertising. There was none of the production, distribution, and promotion among the three albums normally associated with an integrated effort.

Suggested Citation

  • Muris Timothy J, 2006. "Discordant Notes: A Reply to Professor Wright," Review of Law & Economics, De Gruyter, vol. 1(3), pages 415-419, January.
    • Handle: RePEc:bpj:rlecon:v:1:y:2006:i:3:n:5
    DOI: 10.2202/1555-5879.1053
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    References listed on IDEAS

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    1. Goldberg Victor P., 2005. "Featuring the Three Tenors in La Triviata," Review of Law & Economics, De Gruyter, vol. 1(1), pages 55-64, April.
    2. Muris Tim, 2005. "A Response to Professor Goldberg: An Anticompetitive Restraint by Any Other Name . . ," Review of Law & Economics, De Gruyter, vol. 1(1), pages 65-70, April.
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