The Antitrust Paradigm

Author : Jonathan B. Baker
Publisher : Harvard University Press
ISBN 13 : 0674238958
Total Pages : 369 pages
Book Rating : 4.54/5 ( download)

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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.

Author : Jonathan B. Baker
Publisher : Harvard University Press
ISBN 13 : 0674975782
Total Pages : 369 pages
Book Rating : 4.81/5 ( download)

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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.

Author : Jonathan B. Baker
Publisher :
ISBN 13 : 9780674238961
Total Pages : 349 pages
Book Rating : 4.66/5 ( download)

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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.--

Author : Jeffrey S. Lubbers
Publisher : American Bar Association
ISBN 13 : 9781590317068
Total Pages : 736 pages
Book Rating : 4.68/5 ( download)

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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.

Author : Herbert HOVENKAMP
Publisher : Harvard University Press
ISBN 13 : 9780674038820
Total Pages : 392 pages
Book Rating : 4.27/5 ( download)

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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.

Author : Mark R. Patterson
Publisher :
ISBN 13 : 0674971426
Total Pages : 330 pages
Book Rating : 4.24/5 ( download)

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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

Author : Chris Sagers
Publisher : Harvard University Press
ISBN 13 : 067497221X
Total Pages : 337 pages
Book Rating : 4.16/5 ( download)

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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.

Author : William Letwin
Publisher : University of Chicago Press
ISBN 13 : 9780226473536
Total Pages : 320 pages
Book Rating : 4.38/5 ( download)

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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.

Author : Jan Blockx
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403523549
Total Pages : 261 pages
Book Rating : 4.45/5 ( download)

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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.

Author : Robert Bork
Publisher :
ISBN 13 : 9781736089712
Total Pages : 536 pages
Book Rating : 4.14/5 ( download)

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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.