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The Antitrust Paradigm
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Book Synopsis The Antitrust Paradigm by : Jonathan B. Baker
Download or read book The Antitrust Paradigm written by Jonathan B. Baker and published by Harvard University Press. This book was released on 2019-05-06 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new and urgently needed guide to making the American economy more competitive at a time when tech giants have amassed vast market power. The U.S. economy is growing less competitive. Large businesses increasingly profit by taking advantage of their customers and suppliers. These firms can also use sophisticated pricing algorithms and customer data to secure substantial and persistent advantages over smaller players. In our new Gilded Age, the likes of Google and Amazon fill the roles of Standard Oil and U.S. Steel. Jonathan Baker shows how business practices harming competition manage to go unchecked. The law has fallen behind technology, but that is not the only problem. Inspired by Robert Bork, Richard Posner, and the “Chicago school,” the Supreme Court has, since the Reagan years, steadily eroded the protections of antitrust. The Antitrust Paradigm demonstrates that Chicago-style reforms intended to unleash competitive enterprise have instead inflated market power, harming the welfare of workers and consumers, squelching innovation, and reducing overall economic growth. Baker identifies the errors in economic arguments for staying the course and advocates for a middle path between laissez-faire and forced deconcentration: the revival of pro-competitive economic regulation, of which antitrust has long been the backbone. Drawing on the latest in empirical and theoretical economics to defend the benefits of antitrust, Baker shows how enforcement and jurisprudence can be updated for the high-tech economy. His prescription is straightforward. The sooner courts and the antitrust enforcement agencies stop listening to the Chicago school and start paying attention to modern economics, the sooner Americans will reap the benefits of competition.
Book Synopsis The Antitrust Paradigm by : Jonathan B. Baker
Download or read book The Antitrust Paradigm written by Jonathan B. Baker and published by Harvard University Press. This book was released on 2019-05-06 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new and urgently needed guide to making the American economy more competitive at a time when tech giants have amassed vast market power. The U.S. economy is growing less competitive. Large businesses increasingly profit by taking advantage of their customers and suppliers. These firms can also use sophisticated pricing algorithms and customer data to secure substantial and persistent advantages over smaller players. In our new Gilded Age, the likes of Google and Amazon fill the roles of Standard Oil and U.S. Steel. Jonathan Baker shows how business practices harming competition manage to go unchecked. The law has fallen behind technology, but that is not the only problem. Inspired by Robert Bork, Richard Posner, and the “Chicago school,” the Supreme Court has, since the Reagan years, steadily eroded the protections of antitrust. The Antitrust Paradigm demonstrates that Chicago-style reforms intended to unleash competitive enterprise have instead inflated market power, harming the welfare of workers and consumers, squelching innovation, and reducing overall economic growth. Baker identifies the errors in economic arguments for staying the course and advocates for a middle path between laissez-faire and forced deconcentration: the revival of pro-competitive economic regulation, of which antitrust has long been the backbone. Drawing on the latest in empirical and theoretical economics to defend the benefits of antitrust, Baker shows how enforcement and jurisprudence can be updated for the high-tech economy. His prescription is straightforward. The sooner courts and the antitrust enforcement agencies stop listening to the Chicago school and start paying attention to modern economics, the sooner Americans will reap the benefits of competition.
Book Synopsis The Antitrust Enterprise by : Herbert HOVENKAMP
Download or read book The Antitrust Enterprise written by Herbert HOVENKAMP and published by Harvard University Press. This book was released on 2009-06-30 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: After thirty years, the debate over antitrust's ideology has quieted. Most now agree that the protection of consumer welfare should be the only goal of antitrust laws. Execution, however, is another matter. The rules of antitrust remain unfocused, insufficiently precise, and excessively complex. The problem of poorly designed rules is severe, because in the short run rules weigh much more heavily than principles. At bottom, antitrust is a defensible enterprise only if it can make the microeconomy work better, after accounting for the considerable costs of operating the system. The Antitrust Enterprise is the first authoritative and compact exposition of antitrust law since Robert Bork's classic The Antitrust Paradox was published more than thirty years ago. It confronts not only the problems of poorly designed, overly complex, and inconsistent antitrust rules but also the current disarray of antitrust's rule of reason, offering a coherent and workable set of solutions. The result is an antitrust policy that is faithful to the consumer welfare principle but that is also more readily manageable by the federal courts and other antitrust tribunals.
Book Synopsis Antitrust Law in the New Economy by : Mark R. Patterson
Download or read book Antitrust Law in the New Economy written by Mark R. Patterson and published by Harvard University Press. This book was released on 2017-02-01 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Markets run on information. Buyers make decisions by relying on their knowledge of the products available, and sellers decide what to produce based on their understanding of what buyers want. But the distribution of market information has changed, as consumers increasingly turn to sources that act as intermediaries for information—companies like Yelp and Google. Antitrust Law in the New Economy considers a wide range of problems that arise around one aspect of information in the marketplace: its quality. Sellers now have the ability and motivation to distort the truth about their products when they make data available to intermediaries. And intermediaries, in turn, have their own incentives to skew the facts they provide to buyers, both to benefit advertisers and to gain advantages over their competition. Consumer protection law is poorly suited for these problems in the information economy. Antitrust law, designed to regulate powerful firms and prevent collusion among producers, is a better choice. But the current application of antitrust law pays little attention to information quality. Mark Patterson discusses a range of ways in which data can be manipulated for competitive advantage and exploitation of consumers (as happened in the LIBOR scandal), and he considers novel issues like “confusopoly” and sellers’ use of consumers’ personal information in direct selling. Antitrust law can and should be adapted for the information economy, Patterson argues, and he shows how courts can apply antitrust to address today’s problems.
Book Synopsis The Antitrust Paradox by : Robert Bork
Download or read book The Antitrust Paradox written by Robert Bork and published by . This book was released on 2021-02-22 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.
Book Synopsis United States v. Apple by : Chris Sagers
Download or read book United States v. Apple written by Chris Sagers and published by Harvard University Press. This book was released on 2019-09-17 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most-followed antitrust cases of recent times—United States v. Apple—reveals an often-missed truth: what Americans most fear is competition itself. In 2012 the Department of Justice accused Apple and five book publishers of conspiring to fix ebook prices. The evidence overwhelmingly showed an unadorned price-fixing conspiracy that cost consumers hundreds of millions of dollars. Yet before, during, and after the trial millions of Americans sided with the defendants. Pundits on the left and right condemned the government for its decision to sue, decrying Amazon’s market share, railing against a new high-tech economy, and rallying to defend beloved authors and publishers. For many, Amazon was the one that should have been put on trial. But why? One fact went unrecognized and unreckoned with: in practice, Americans have long been ambivalent about competition. Chris Sagers, a renowned antitrust expert, meticulously pulls apart the misunderstandings and exaggerations that industries as diverse as mom-and-pop grocers and producers of cast-iron sewer pipes have cited to justify colluding to forestall competition. In each of these cases, antitrust law, a time-honored vehicle to promote competition, is put on the defensive. Herein lies the real insight of United States v. Apple. If we desire competition as a policy, we must make peace with its sometimes rough consequences. As bruising as markets in their ordinary operation often seem, letting market forces play out has almost always benefited the consumer. United States v. Apple shows why supporting cases that protect price competition, even when doing so hurts some of us, is crucial if antitrust law is to protect and maintain markets.
Download or read book The Curse of Bigness written by Tim Wu and published by . This book was released on 2018 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the man who coined the term "net neutrality" and who has made significant contributions to our understanding of antitrust policy and wireless communications, comes a call for tighter antitrust enforcement and an end to corporate bigness.
Book Synopsis How Antitrust Failed Workers by : Eric A. Posner
Download or read book How Antitrust Failed Workers written by Eric A. Posner and published by Oxford University Press. This book was released on 2021 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Antitrust law has very rarely been used by workers to challenge anticompetitive employment practices. Yet recent empirical research shows that labor markets are highly concentrated, and that employers engage in practices that harm competition and suppress wages. These practices include no-poaching agreements, wage-fixing, mergers, covenants not to compete, and misclassification of gig workers as independent contractors. This failure of antitrust to challenge labor-market misbehavior is due to a range of other failures-intellectual, political, moral, and economic. And the impact of this failure has been profound for wage levels, economic growth, and inequality. In light of the recent empirical work, it is urgent for regulators, courts, lawyers, and Congress to redirect antitrust resources to labor market problems. This book offers a strategy for judicial and legislative reform"--
Book Synopsis An Evolutionary Theory of Economic Change by : Richard R. Nelson
Download or read book An Evolutionary Theory of Economic Change written by Richard R. Nelson and published by Harvard University Press. This book was released on 1985-10-15 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains the most sustained and serious attack on mainstream, neoclassical economics in more than forty years. Nelson and Winter focus their critique on the basic question of how firms and industries change overtime. They marshal significant objections to the fundamental neoclassical assumptions of profit maximization and market equilibrium, which they find ineffective in the analysis of technological innovation and the dynamics of competition among firms. To replace these assumptions, they borrow from biology the concept of natural selection to construct a precise and detailed evolutionary theory of business behavior. They grant that films are motivated by profit and engage in search for ways of improving profits, but they do not consider them to be profit maximizing. Likewise, they emphasize the tendency for the more profitable firms to drive the less profitable ones out of business, but they do not focus their analysis on hypothetical states of industry equilibrium. The results of their new paradigm and analytical framework are impressive. Not only have they been able to develop more coherent and powerful models of competitive firm dynamics under conditions of growth and technological change, but their approach is compatible with findings in psychology and other social sciences. Finally, their work has important implications for welfare economics and for government policy toward industry.
Download or read book Break 'Em Up written by Zephyr Teachout and published by Macmillan + ORM. This book was released on 2020-07-28 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[We need] a grassroots, bottom-up movement that understands the challenge in front of us, and then organizes against monopoly power in communities across this country. This book is a blueprint for that organizing. In these pages, you will learn how monopolies and oligopolies have taken over almost every aspect of American life, and you will also learn about what can be done to stop that trend before it is too late." —From the foreword by Bernie Sanders. A passionate attack on the monopolies that are throttling American democracy. Every facet of American life is being overtaken by big platform monopolists like Facebook, Google, and Bayer (which has merged with the former agricultural giant Monsanto), resulting in a greater concentration of wealth and power than we've seen since the Gilded Age. They are evolving into political entities that often have more influence than the actual government, bending state and federal legislatures to their will and even creating arbitration courts that circumvent the US justice system. How can we recover our freedom from these giants? Anti-corruption scholar and activist Zephyr Teachout has the answer: Break 'Em Up. This book is a clarion call for liberals and leftists looking to find a common cause. Teachout makes a compelling case that monopolies are the root cause of many of the issues that today's progressives care about; they drive economic inequality, harm the planet, limit the political power of average citizens, and historically-disenfranchised groups bear the brunt of their shameful and irresponsible business practices. In order to build a better future, we must eradicate monopolies from the private sector and create new safeguards that prevent new ones from seizing power. Through her expert analysis of monopolies in several sectors and their impact on courts, journalism, inequality, and politics, Teachout offers a concrete path toward thwarting these enemies of working Americans and reclaiming our democracy before it’s too late.
Book Synopsis Law Against Unfair Competition by : Reto Hilty
Download or read book Law Against Unfair Competition written by Reto Hilty and published by Springer Science & Business Media. This book was released on 2007-07-28 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the present state of harmonization of unfair competition law in Europe. It discusses the particular approach to unfair competition law in the 10 new Member States and the possible impact on the future development of European unfair competition law. The book presents new insight in the importance of unfair competition law, especially in countries with a developing market economy.
Book Synopsis American Fair Trade by : Laura Phillips Sawyer
Download or read book American Fair Trade written by Laura Phillips Sawyer and published by Cambridge University Press. This book was released on 2018-01-11 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rather than viewing the history of American capitalism as the unassailable ascent of large-scale corporations and free competition, American Fair Trade argues that trade associations of independent proprietors lobbied and litigated to reshape competition policy to their benefit. At the turn of the twentieth century, this widespread fair trade movement borrowed from progressive law and economics, demonstrating a persistent concern with market fairness - not only fair prices for consumers but also fair competition among businesses. Proponents of fair trade collaborated with regulators to create codes of fair competition and influenced the administrative state's public-private approach to market regulation. New Deal partnerships in planning borrowed from those efforts to manage competitive markets, yet ultimately discredited the fair trade model by mandating economy-wide trade rules that sharply reduced competition. Laura Phillips Sawyer analyzes how these efforts to reconcile the American tradition of a well-regulated society with the legacy of Gilded Age of laissez-faire capitalism produced the modern American regulatory state.
Book Synopsis Techno-economic Paradigms by : Wolfgang J. M. Drechsler
Download or read book Techno-economic Paradigms written by Wolfgang J. M. Drechsler and published by Anthem Press. This book was released on 2009 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Techno-Economic Paradigms' presents a series of essays discussing one of the most interesting and talked-about socio-economic theories of our times: techno-economic paradigm shifts.
Book Synopsis New Developments in Competition Law and Economics by : Klaus Mathis
Download or read book New Developments in Competition Law and Economics written by Klaus Mathis and published by Springer. This book was released on 2019-03-18 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book further develops both the traditional and the behavioural approach to competition law, and applies these approaches to a variety of timely issues. It discusses several fundamental questions regarding competition law and economics, and explores the applications of competition law and economics. In turn, the book analyses the interplay of intellectual property rights and patents in various aspects of competition law, and investigates the impacts that developments in information technology, such as big data analytics, have on competition law. The book also discusses the impact of energy law reforms on energy markets from a competition law perspective. Competition law is a classic field of economic analysis. This is largely due to the fact that competition law uses terms such as market, price, and competition and must therefore rely on economic know-how and analyses. In the United States, economic analysis has greatly influenced not just the scholarship on antitrust law, but also judicial decisions and agency enforcement. Antitrust law and economics are based on the traditional paradigm of neoclassical economics, which relies on the assumption that the market players, i.e. consumers and producers, are rational. This approach to competition law was later received in Europe under the banner of a “more economic approach”. For the past two decades, behavioural law and economics, which seeks to generate better insights into legal phenomena by providing more realistic psychological foundations for economic models, and to offer a multitude of applications in legislation and legal adjudication, has challenged the traditional economic approach to law in general and, more recently, to competition law specifically.
Book Synopsis Competition Overdose by : Maurice E. Stucke
Download or read book Competition Overdose written by Maurice E. Stucke and published by HarperCollins. This book was released on 2020-03-17 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stucke and Ezrachi’s analysis of the nature of competition is refreshingly non-ideological and counterintuitive. Their idea that competition can be either toxic or noble—all depending on how governments structure markets—is something so clear that it’s remarkable it’s taken us decades to recognize the wisdom of it. This is a must-read for anyone interested in how to use public policy to harness the competitive drive for the public good. — Chris Hughes, cofounder of Facebook Stucke and Ezrachi show us the important differences between destructive and noble competition and what we can do to pursue a more just and prosperous world. This book changes how you will view the role of the market in our economy and society at large. — Spencer Weber Waller, director of the Institute for Consumer Antitrust Studies and law professor at Loyola University Chicago Entertaining and thought-provoking, Competition Overdose fiercely articulates the raw, hard truth behind the toxic aspects of competition. — Tommaso Valletti, professor of economics at Imperial College London and Chief Competition Economist (2016–2019), European Commission Competition Overdose is probably the most important book to be published on the subject since The Antitrust Paradox hit the bookshelves in 1978. It is destined to transform how governments across the world think about the role competition in domestic and international policy for decades to come. Stucke and Ezrachi are the new rock stars of competition policy. — Ali Nikpay, partner at Gibson Dunn & Crutcher Anything, in the wrong dosage, can be poisonous. Competition Overdose takes a sacred cow of contemporary western thought—that ‘more competition is always good’—and reveals that while competition can be noble, it can also be toxic. An engaging and compelling read that will make you think differently about situations we all deal with every day. — Tim Wu, professor at Columbia Law School, contributing opinion writer for the New York Times, and author of The Master Switch and The Attention Merchants A must-read for anyone concerned about the future of our economy and society, Competition Overdose provides a no-nonsense analysis of how toxic competition can be bad for competitors, consumers, workers, and society overall. The authors highlight the abuses of this ideology and remind us that we, as citizens and consumers, can exercise our power by choosing products, based on our values. — Monique Goyens, director general of BEUC, The European Consumer Organisation This beautifully written book helps us rethink economic principles from the ground up. As any good chemist knows, what can be helpful or harmless in small doses is deadly in excess. While technocrats push competition as a cure to all economic ailments, Stucke and Ezrachi deliver a dose of reality: cutthroat schemes to kneecap rivals, manipulate customers, and exploit workers harm far more than they help. Read this book for a brilliant account of the proper place of competition (and ethics) in society. — Frank Pasquale, law professor at University of Maryland and author of The Black Box Society Stucke and Ezrachi examine a multitude of perversities in today’s society—colleges striving to recruit applicants they likely will reject, supermarkets stocking hundreds of varieties of jam, travel deals stuffed with hidden fees—and provide a unifying explanation: a misalignment of competition. Their book illuminates how competition can go wrong, and how individuals, businesses, and the government can set it right. — Jonathan Levin, dean of Stanford Graduate School of Business Is more competition the solution to all our societal problems? Stucke and Ezrachi persuasively say: No, it depends; sometimes we need to rein in markets because they produce socially inferior outcomes. This book shows that the promotion of competition cannot be an end in of itself, but rather it should be used as a tool to improve overall welfare. Between too much and too little competition, the safest option is, as always, the ‘aurea mediocritas’” — Jorge Padilla, senior managing director and head of Compass Lexecon, Europe Stucke and Ezrachi ask critical questions about what types of rivalry are desirable and who benefits when all domains of society are governed by principles of unfettered competition. Countering simplistic prescriptions, Competition Overdose is a perceptive and timely read. — Lina Khan, author of Amazon’s Antitrust Paradox Competition Overdose is a courageous, timely attempt by two formidable legal scholars to unpack—and in some cases demolish—the dominant shibboleth of our age: the delusion that ‘more competition’ is the remedy for many social or economic ills. Should be required reading for every course in public policy. — John Naughton, professor at University of Cambridge and technology columnist for the London Observer The authors draw skillfully on a wide range of disciplines, from economics to psychology, to help us understand why more competition is not always all that it’s cracked up to be. They provide support for a more humane, nobler form of competition and wider corporate purpose, debunking the myths of shareholder value and blind faith in markets. This is a must-read. — Simon Holmes, UK Competition Appeal Tribunal Because competition has been sold for centuries as an unbridled positive, reading this book requires counterintuitive thinking and an open mind. Using a lucid, conversational style, the authors thoroughly explain each case study and anecdote. Does competition regularly result in a race to the bottom? Yes, the authors maintain, and they present ideas about how to achieve what they term ‘noble competition,’ in which sellers, buyers, and society at large all benefit. — Kirkus Reviews
Book Synopsis Antitrust: The Case for Repeal by : Dominick T. Armentano
Download or read book Antitrust: The Case for Repeal written by Dominick T. Armentano and published by Ludwig von Mises Institute. This book was released on 2007 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Myth of Capitalism by : Jonathan Tepper
Download or read book The Myth of Capitalism written by Jonathan Tepper and published by John Wiley & Sons. This book was released on 2023-04-25 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Myth of Capitalism tells the story of how America has gone from an open, competitive marketplace to an economy where a few very powerful companies dominate key industries that affect our daily lives. Digital monopolies like Google, Facebook and Amazon act as gatekeepers to the digital world. Amazon is capturing almost all online shopping dollars. We have the illusion of choice, but for most critical decisions, we have only one or two companies, when it comes to high speed Internet, health insurance, medical care, mortgage title insurance, social networks, Internet searches, or even consumer goods like toothpaste. Every day, the average American transfers a little of their pay check to monopolists and oligopolists. The solution is vigorous anti-trust enforcement to return America to a period where competition created higher economic growth, more jobs, higher wages and a level playing field for all. The Myth of Capitalism is the story of industrial concentration, but it matters to everyone, because the stakes could not be higher. It tackles the big questions of: why is the US becoming a more unequal society, why is economic growth anemic despite trillions of dollars of federal debt and money printing, why the number of start-ups has declined, and why are workers losing out.
