The Antitrust Paradigm

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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: 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.

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

The Antitrust Paradigm

Author : Jonathan B. Baker
Publisher :
ISBN 13 : 9780674238961
Total Pages : 349 pages
Book Rating : 4.2/5 (389 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 . This book was released on 2019 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the 1970s, when the United States economy was struggling and the term "stagflation" was coined to capture inflation plus stagnant business growth, the "Chicago school" critique of antitrust rules gained ascendance. In the 1980s, during Ronald Reagan's two terms as president, that critique's policy prescriptions-the eliminating of or modifying anticompetitive rules to make them less restrictive-became common practice. As Jonathan Baker writes, "The Chicago approach to antitrust can be understood as a gamble. More relaxed antitrust rules would allow firms to achieve greater efficiencies, which would more than compensate for any risk of firms exercising market power. Put differently, the Chicagoans bet that antitrust reform could achieve long term consumer welfare gains without facilitating the creation of substantial and durable market power." The Antitrust Paradigm presents a wealth of evidence arguing that the Chicagoans lost their bet, and prescribes what should be done about it. Since the 1980s, not only has market power widened, economic productivity decline, and consumer welfare gains been modest at best, but also the economy has changed, most visibly in the information technology and Internet giants that top the financial market's valuation charts. Baker argues that both the failures of antitrust reform and the changed economy demand a new antitrust paradigm, one that restores a competitive economy through strengthened antitrust, recognizes antitrust's political context, and identifies the competitive harms from dominant information technology platforms. His book frames the problem, examines the distinctive competitive problems of the information economy, and concludes with a guide for restoring effective antitrust policies.--

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.

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.

Antitrust Law in the New Economy

Author : Mark R. Patterson
Publisher : Harvard University Press
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 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.

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: 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.

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.

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.

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 Causes and Consequences of Antitrust

Author : Fred S. McChesney
Publisher : University of Chicago Press
ISBN 13 : 9780226556352
Total Pages : 426 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 426 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.

An Evolutionary Theory of Economic Change

Author : Richard R. Nelson
Publisher : Harvard University Press
ISBN 13 : 9780674041431
Total Pages : 456 pages
Book Rating : 4.0/5 (414 download)

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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.

How Antitrust Failed Workers

Author : Eric A. Posner
Publisher : Oxford University Press
ISBN 13 : 019750762X
Total Pages : 225 pages
Book Rating : 4.1/5 (975 download)

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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"--

Market Power in EU Antitrust Law

Author : Luis Ortiz Blanco
Publisher : Bloomsbury Publishing
ISBN 13 : 1847318495
Total Pages : 368 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Market Power in EU Antitrust Law by : Luis Ortiz Blanco

Download or read book Market Power in EU Antitrust Law written by Luis Ortiz Blanco and published by Bloomsbury Publishing. This book was released on 2011-12-02 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The notion of market power is central to antitrust law. Under EU law, antitrust rules refer to appreciable restrictions of competition (Article 101(1) Treaty on the Functioning of the European Union (TFEU), ex Article 81(1) EC Treaty), the elimination of competition for a substantial part of the market (Article 101 (3) TFEU, ex Article (81(3) EC), dominant positions (Article 10 (2) TFEU, ex Article 82 EC), and substantial impediment to effective competition, in particular by creating or reinforcing a dominant position (Article 2 of the EU Merger Regulation). At first sight, only the concept of dominant position relates to market power, but it is the aim of this book to demonstrate that the other concepts are directly linked to the notion of market power. This is done by reference to the case law of the EU Courts and the precedents of the European Commission. The author goes on to argue that for very good reasons (clarity and enforceability, among others) the rules should be interpreted in this way. Beginning with market definition, the book reviews the different rules and the different degrees of market power they incorporate. Thus it analyses the notion of 'appreciable restriction of competition' to find a moderate market power obtained by agreement among competitors to be the benchmark for the application of Article 101 TFEU, ex Article 81 EC. It moves on to the concept of dominance under Article 102 TFEU (ex Article 82 EC), which is equivalent to substantial (or sgnificant) market power, and then focuses on the old and new tests for EU merger control. Finally, it addresses the idea of elimination of competition in respect of a substantial part of the market (Article 101 (3) TFEU, ex Article 81 (3) (b) EC), in which the last two types of market power (Article 102 TFEU, ex Article 82 EC and EU Merger Regulation) converge. To exemplify this, an in-depth study of the notion of collective dominance is conducted. The book concludes that a paradigm of market power exists under the EU antitrust rules that both fits with past practice and provides for a useful framework of analysis for the general application of the rules by administrative and even more importantly judicial authorities in the Member States, under conditions of legal certainty.

Break 'Em Up

Author : Zephyr Teachout
Publisher : Macmillan + ORM
ISBN 13 : 1250200903
Total Pages : 218 pages
Book Rating : 4.2/5 (52 download)

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Book Synopsis Break 'Em Up by : Zephyr Teachout

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.

American Fair Trade

Author : Laura Phillips Sawyer
Publisher : Cambridge University Press
ISBN 13 : 1108548040
Total Pages : 394 pages
Book Rating : 4.1/5 (85 download)

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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.

Law Against Unfair Competition

Author : Reto Hilty
Publisher : Springer Science & Business Media
ISBN 13 : 3540718826
Total Pages : 274 pages
Book Rating : 4.5/5 (47 download)

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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.