[PDF] A Critical Analysis Of Robert Borks Antitrust Paradigm eBook

Author : Jonathan B. Baker
Publisher : Harvard University Press
Page : 369 pages
File Size : 37,61 MB
Release : 2019-05-06
Category : Law
ISBN : 0674238958

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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.

Author : Robert H. Bork
Publisher :
Page : 520 pages
File Size : 29,61 MB
Release : 1993
Category : Antitrust law
ISBN :

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Since it first appeared in 1978, this seminal work by one of the foremost American legal minds of our age has dramatically changed the way the courts view government's role in private affairs. Now reissued with a new introduction and epilogue by the author, this classic shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses. Robert Bork's view of antitrust law has had a profound impact on how the law has been both interpreted and applied. The Antitrust Paradox illustrates how the purpose and integrity of law can be subverted by those who do not understand the reality law addresses or who seek to make it serve unintended political and social ends. - Back cover.

Author : Donald J. Dewey
Publisher : Columbia University Press
Page : 184 pages
File Size : 30,82 MB
Release : 1990
Category : Business & Economics
ISBN : 9780231067102

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Why do smokers claim that the first cigarette of the day is the best? What is the biological basis behind some heavy drinkers' belief that the "hair-of-the-dog" method alleviates the effects of a hangover? Why does marijuana seem to affect ones problem-solving capacity? Intoxicating Minds is, in the author's words, "a grand excavation of drug myth." Neither extolling nor condemning drug use, it is a story of scientific and artistic achievement, war and greed, empires and religions, and lessons for the future. Ciaran Regan looks at each class of drugs, describing the historical evolution of their use, explaining how they work within the brain's neurophysiology, and outlining the basic pharmacology of those substances. From a consideration of the effect of stimulants, such as caffeine and nicotine, and the reasons and consequences of their sudden popularity in the seventeenth century, the book moves to a discussion of more modern stimulants, such as cocaine and ecstasy. In addition, Regan explains how we process memory, the nature of thought disorders, and therapies for treating depression and schizophrenia. Regan then considers psychedelic drugs and their perceived mystical properties and traces the history of placebos to ancient civilizations. Finally, Intoxicating Minds considers the physical consequences of our co-evolution with drugs -- how they have altered our very being -- and offers a glimpse of the brave new world of drug therapies.

Author : I. Schmidt
Publisher : Springer Science & Business Media
Page : 145 pages
File Size : 33,58 MB
Release : 2012-12-06
Category : Business & Economics
ISBN : 9400925670

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The publication of this clinically analytical and trenchantly insightful volume is felicitously timed. By fortuitous coincidence, it comes at a time when the Chicago School enjoys a high-water mark of acceptance in U.S. legal circles, and at a time when the U.S. merger movement of the 1980s is cresting. It provides a welcome warning against the dangers of translating abstract theories, based on highly restrictive (and unrealistic) assumptions, into facile public policy recommendations. As such the Schmidt/Rittaler study serves as a needed antidote to the currently fashionable predilection to confuse ideology with science. In the Chicago lexicon, the only appropriate policy toward business is a policy of untrammeled laissez-faire. Because there are no market imperfec tions (other than government-created or trade-union-generated monopolies), the market can be trusted to regulate economic activity, inexorably meting out appropriate rewards and punishments. In this ideal world, corporate size and power can be safely ignored. After all, corporations become big only only because they are efficient, only because they are productive, only because they have served consumers better than their rivals, and only because no newcomers are good enough to challenge their dominance. Once an industrial giant becomes lethargic and no longer bestows its productive beneficence on society, it will inevitably wither and eventually die. This is the "natural law" that governs economic life. It demands obedience to its rules. It tolerates no interference by the state.

Author : Jonathan B. Baker
Publisher : Harvard University Press
Page : 369 pages
File Size : 31,25 MB
Release : 2019-05-06
Category : Law
ISBN : 0674975782

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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.

Author : Fred S. McChesney
Publisher : University of Chicago Press
Page : 426 pages
File Size : 47,3 MB
Release : 1995-03-15
Category : Business & Economics
ISBN : 9780226556352

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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.

Author : William Letwin
Publisher : University of Chicago Press
Page : 320 pages
File Size : 11,91 MB
Release : 1981-06
Category : Law
ISBN : 9780226473536

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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.

Author : Herbert HOVENKAMP
Publisher : Harvard University Press
Page : 392 pages
File Size : 40,54 MB
Release : 2009-06-30
Category : Law
ISBN : 9780674038820

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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.