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To: pgerassi who wrote (252105)5/20/2008 12:39:35 PM
From: NITTRead Replies (1) | Respond to of 275872
 
re:""Found on the very first result of a Google search on "antitrust marginal cost variable".

Pete,
But, did you read it? Yes, the court made the Plaintiff’s lawyers feel good about the possibility that their argument could be used... but they ruled in favor of the defendant!

Theoretically they had and an argument, but not in reality.

It worries me when a court rules like this, because a future court may accept the theory and be less strict on the facts.

In theory you met the challenge that Sarmad offered, but I think this case shows how great the challenge facing AMD is.



To: pgerassi who wrote (252105)5/20/2008 12:55:45 PM
From: Sarmad Y. HermizRespond to of 275872
 
Dear Pete,

The court rejected your argument and ruled for the defendant, and your side was shown to have wasted everyone's time, in the same way AMD is currently.

You'll have to come up with a case where the court actually ruled in favor of the party that wants to use average long term total cost. In the case you cited, the court merely mentioned the phrase in order to reject the method and use average variable cost instead.

Sarmad


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