The Antitrust Paradigm

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The Antitrust Paradigm

Author : Jonathan B. Baker
Publisher : Harvard University Press
ISBN 13 : 0674238958
Total Pages : 369 pages
Book Rating : 4.6/5 (742 download)

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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.

A Guide to Federal Agency Rulemaking

Author : Jeffrey S. Lubbers
Publisher : American Bar Association
ISBN 13 : 9781590317068
Total Pages : 736 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis A Guide to Federal Agency Rulemaking by : Jeffrey S. Lubbers

Download or read book A Guide to Federal Agency Rulemaking written by Jeffrey S. Lubbers and published by American Bar Association. This book was released on 2006 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise but thorough resource, the guide provides a time-saving reference for the latest case law, and the most recent legislation affecting rulemaking.

Antitrust Law in the New Economy

Author : Mark R. Patterson
Publisher :
ISBN 13 : 0674971426
Total Pages : 330 pages
Book Rating : 4.6/5 (749 download)

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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 . This book was released on 2017 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition and consumer protection -- The economics of information -- Information and market power -- Agreements on information -- Exclusion by information -- "Confusopoly" and information asymmetries -- Privacy as an information product -- Information and intellectual property -- Restraint of trade and freedom of speech

The Antitrust Enterprise

Author : Herbert HOVENKAMP
Publisher : Harvard University Press
ISBN 13 : 9780674038820
Total Pages : 392 pages
Book Rating : 4.0/5 (388 download)

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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.

Patent Misuse and Antitrust Law

Author : Daryl Lim
Publisher : Edward Elgar Publishing
ISBN 13 : 0857930184
Total Pages : 510 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Patent Misuse and Antitrust Law by : Daryl Lim

Download or read book Patent Misuse and Antitrust Law written by Daryl Lim and published by Edward Elgar Publishing. This book was released on 2013-10-31 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book provides a comprehensive account of the patent misuse doctrine and its relationship with antitrust law. Created to remedy and discourage misconduct by patent owners a century ago, its proper role today is debated more than ever before.

The Antitrust Paradox

Author : Robert Bork
Publisher :
ISBN 13 : 9781736089712
Total Pages : 536 pages
Book Rating : 4.0/5 (897 download)

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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.

United States v. Apple

Author : Chris Sagers
Publisher : Harvard University Press
ISBN 13 : 067497221X
Total Pages : 337 pages
Book Rating : 4.6/5 (749 download)

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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: In 2012, when the Justice Department sued Apple and five book publishers for price fixing, many observers sided with the defendants. It was a reminder that, in practice, Americans are ambivalent about competition. Chris Sagers shows why protecting price competition, even when it hurts some of us, is crucial if antitrust law is to preserve markets.

Law and Economic Policy in America

Author : William Letwin
Publisher : University of Chicago Press
ISBN 13 : 9780226473536
Total Pages : 320 pages
Book Rating : 4.4/5 (735 download)

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Book Synopsis Law and Economic Policy in America by : William Letwin

Download or read book Law and Economic Policy in America written by William Letwin and published by University of Chicago Press. This book was released on 1981-06 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: William Letwin's thorough, carefully argued, and elegantly written work is the only book length study of the Sherman Antitrust Act, a law designed to shape the economic life of a large complex society through maintaining the "correct" level of competition in the economy. This is a superb history and complete analysis of the Act, from its English and American common law antecedents to the events that led to the first revisions of the Act in the form of the Clayton Antitrust and Federal Trade Commission Acts.

The Political Economy of Antitrust

Author : Vivek Ghosal
Publisher : Elsevier
ISBN 13 : 0444530932
Total Pages : 508 pages
Book Rating : 4.4/5 (445 download)

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Book Synopsis The Political Economy of Antitrust by : Vivek Ghosal

Download or read book The Political Economy of Antitrust written by Vivek Ghosal and published by Elsevier. This book was released on 2007-04 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political-economy is defined broadly to include the demand-side drivers of antitrust activity such as market failures and interest-groups, along with supply-side drivers. This book covers topics such as: enforcement of cartels; merger control; monopolization and abuse of dominance; and, systemic issues in antitrust enforcement and policy. Motivated by recent events and experiences in antitrust enforcement and policy in the United States and the European Union, and new insights and findings from academic research, this book presents a collection of theoretical, empirical and public policy-oriented articles representing recent research on the political-economy of antitrust. Political-economy is defined broadly to include the demand-side drivers of antitrust activity such as market failures and interest-groups, along with supply-side drivers including ideology and partisan politics as well as the importance of informational limitations in antitrust enforcement and the institutional structure of the antitrust agencies. Examining issues related to the political-economy of antitrust is important as antitrust policy and enforcement provide a key mechanism for preserving the competitiveness of markets, with implications for innovation, efficiency, growth and welfare. This book brings together contributions by leading academic researchers in the areas of political-economy, cartels, merger and non-merger enforcement, as well as economists working with antitrust authorities in the U.S. and E.U., to make a timely contribution for researchers and practitioners. The chapters in this volume cover the full range of topics: enforcement of cartels; merger control; monopolization and abuse of dominance; and, systemic issues in antitrust enforcement and policy. Since the last few years have seen significant changes in both the U.S. and E.U. in the attitudes towards cartels, the book places emphasis on antitrust enforcement of cartels, including topics such as the corpora.

Mens Rea in EU Antitrust Law

Author : Jan Blockx
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403523549
Total Pages : 261 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Mens Rea in EU Antitrust Law by : Jan Blockx

Download or read book Mens Rea in EU Antitrust Law written by Jan Blockx and published by Kluwer Law International B.V.. This book was released on 2020-07-09 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the purely economics-based approach to competition law, the central consideration is whether the conduct of undertakings has the effect of restricting competition or not. Such an ‘objective’ approach to antitrust enforcement leaves little room for subjective elements like intentions. But what happens when economic analysis reaches its limits? In this signal contribution, the author invokes the criminal law concept of mens rea, the idea of the ‘guilty mind’, thoroughly evaluating the normative cogency of mens rea evidence in the determination of antitrust infringements. Delving deep into the case law, the author views the subject from the standpoint of a confluence of various areas of law, including: the role of mens rea in the criminal law in France, Germany, and England and Wales; the different types of mens rea (e.g., intent, recklessness, negligence); mens rea in a corporate context; mens rea evidence in United States antitrust law; the notion of the ‘meeting of minds’ in Article 101 TFEU; relevance of intentions in the determination of the object of an agreement or concerted practice; relevance of intentions in the determination of abuse of a dominant position; and the role of mens rea in the determination of fines for antitrust breaches. The author also examines arguments both for and against the use of mens rea evidence in determining whether an antitrust infringement took place and how it should be punished. This is the first full-length assessment of what role mens rea evidence actually plays and should play in competition law even as the tools for antitrust analysis are meant to become increasingly objective. As a thoroughly researched and systematically presented commentary and analysis of the current status of the use of mens rea in antitrust enforcement and how the practice could develop, it is sure to be welcomed by practitioners as well as by policymakers and academics.

Reforming Antitrust

Author : Alan J. Devlin
Publisher : Cambridge University Press
ISBN 13 : 1009006266
Total Pages : 649 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Reforming Antitrust by : Alan J. Devlin

Download or read book Reforming Antitrust written by Alan J. Devlin and published by Cambridge University Press. This book was released on 2021-08-19 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: Industrial consolidation, digital platforms, and changing political views have spurred debate about the interplay between public and private power in the United States and have created a bipartisan appetite for potential antitrust reform that would mark the most profound shift in US competition policy in the past half-century. While neo-Brandeisians call for a reawakening of antitrust in the form of a return to structuralism and a concomitant rejection of economic analysis founded on competitive effects, proponents of the status quo look on this state of affairs with alarm. Scrutinizing the latest evidence, Alan J. Devlin finds a middle ground. US antitrust laws warrant revision, he argues, but with far more nuance than current debates suggest. He offers a new vision of antitrust reform, achieved by refining our enforcement policies and jettisoning an unwarranted obsession with minimizing errors of economic analysis.

The Causes and Consequences of Antitrust

Author : Fred S. McChesney
Publisher : University of Chicago Press
ISBN 13 : 9780226556345
Total Pages : 396 pages
Book Rating : 4.5/5 (563 download)

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Book Synopsis The Causes and Consequences of Antitrust by : Fred S. McChesney

Download or read book The Causes and Consequences of Antitrust written by Fred S. McChesney and published by University of Chicago Press. This book was released on 1995-03-15 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why has antitrust legislation not lived up to its promise of promoting free-market competition and protecting consumers? Assessing 100 years of antitrust policy in the United States, this book shows that while the antitrust laws claim to serve the public good, they are as vulnerable to the influence of special interest groups as are agricultural, welfare, or health care policies. Presenting classic studies and new empirical research, the authors explain how antitrust caters to self-serving business interests at the expense of the consumer. The contributors are Peter Asch, George Bittlingmayer, Donald J. Boudreaux, Malcolm B. Coate, Louis De Alessi, Thomas J. DiLorenzo, B. Epsen Eckbo, Robert B. Ekelund, Jr., Roger L. Faith, Richard S. Higgins, William E. Kovacic, Donald R. Leavens, William F. Long, Fred S. McChesney, Mike McDonald, Stephen Parker, Richard A. Posner, Paul H. Rubin, Richard Schramm, Joseph J. Seneca, William F. Shughart II, Jon Silverman, George J. Stigler, Robert D. Tollison, Charlie M. Weir, Peggy Wier, and Bruce Yandle.

Antitrust Policy and Vertical Restraints

Author : Robert W. Hahn
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Antitrust Policy and Vertical Restraints by : Robert W. Hahn

Download or read book Antitrust Policy and Vertical Restraints written by Robert W. Hahn and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Antitrust law is intended to protect consumer welfare and foster competition. At first glance, however, it is often unclear whether certain business practices have positive or detrimental effects. Some activities that appear anticompetitive can actually prove beneficial to consumers. In Antitrust Policy and Vertical Restraints leading law and economics scholars take a hard look at how vertical restraints limit the conditions under which firms may purchase, sell, or resell a good or service. Vertical restraints can be defined as any arrangement between firms operating at different levels of the manufacturing or distribution chain that restricts the conditions under which such firms may purchase, sell, or resell. Business tying and bundling practices, as one example, often come under scrutiny for depriving consumers of choice and driving up prices. In practice, however, bundling can lower costs and increase convenience. In order to formulate efficient policy, we must be able to identify and limit those practices that are likely to do more harm than good. It is critical that policymakers and analysts know which vertical restraints are likely to harm consumers more than they benefit competition. The authors, representing both sides of the debate over tying practices, provide a broad and informed perspective on this important issue.

A Legal Theory of Economic Power

Author : Calixto Salomão Filho
Publisher : Edward Elgar Publishing
ISBN 13 : 0857931873
Total Pages : 238 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis A Legal Theory of Economic Power by : Calixto Salomão Filho

Download or read book A Legal Theory of Economic Power written by Calixto Salomão Filho and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this provocative book Calixto Salomao Filho builds a strong case for why economic power cannot be considered a mere market phenomenon. Taking the forgotten realities and effects of these power structures into account, his comprehensive legal analysis persuasively argues the need for a new theory of economic power. The book begins with a discussion of the insufficiency of antitrust concepts and instruments. The author provides an economic history of monopolistic colonial systems and its effect on the development process, and offers an alternate paradigm of legal structuralism and social organization. He goes on to explore the creation of economic power structures with a cogent discussion of market power, legal structures and the dominance of common pool resources. An examination of the dynamics and behavior of power structures follows, with particular attention paid to exclusion and collusion, legal monopolies and the exploitation of natural resources. The author shows clearly how the negative effects of economic power structures directly impact the social and economic development of societies. This new legal theory, with its basis in the realities of economic structures, will prove a powerful alternative to the traditional market rationality paradigm. As such it will be of great interest to students and scholars of law and economics, development and antitrust.

The Great Reversal

Author : Thomas Philippon
Publisher : Belknap Press
ISBN 13 : 0674237544
Total Pages : 361 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis The Great Reversal by : Thomas Philippon

Download or read book The Great Reversal written by Thomas Philippon and published by Belknap Press. This book was released on 2019 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: American markets, once a model for the world, are giving up on competition. Thomas Philippon blames the unchecked efforts of corporate lobbyists. Instead of earning profits by investing and innovating, powerful firms use political pressure to secure their advantages. The result is less efficient markets, leading to higher prices and lower wages.

The Antitrust Paradigm

Author : Jonathan B. Baker
Publisher : Harvard University Press
ISBN 13 : 0674975782
Total Pages : 369 pages
Book Rating : 4.6/5 (749 download)

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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: At a time when tech giants have amassed vast market power, Jonathan Baker shows how laws and regulations can be updated to ensure more competition. The sooner courts and 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.

The Curse of Bigness

Author : Tim Wu
Publisher :
ISBN 13 : 9780999745465
Total Pages : 154 pages
Book Rating : 4.7/5 (454 download)

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Book Synopsis The Curse of Bigness by : Tim Wu

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.