The Antitrust Paradox: A Policy at War with Itself

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Product Details

  • ISBN-13: 9780465003709
  • Publisher: Basic Books
  • Publication date: 11/28/1980
  • Pages: 475

Table of Contents

New Introduction: The Passing of the Crisis
Preface
Acknowledgments
Introduction: The Crisis in Antitrust 3
Pt. I The Theory
1 The Historical Foundations of Antitrust Policy 15
2 The Goals of Antitrust: The Intentions of Congress 50
3 The Goals of Antitrust: The Responsibility of the Courts 72
4 Business Behavior and the Consumer Interest: Some Rudiments of Theory 90
5 The Consumer Welfare Model 107
6 The Method of Antitrust Analysis 116
7 Injury to Competition: The Law's Basic Theories 134
Pt. II The Law and the Policy
8 Monopoly and Oligopoly: The Problem of Horizontal Size by Internal Growth 163
9 The Crash of Merger Policy: The Brown Shoe Decision 198
10 Horizontal Mergers 217
11 Vertical Mergers 225
12 Conglomerate Mergers 246
13 Horizontal Price Fixing and Market Division 263
14 Resale Price Maintenance and Vertical Market Division 280
15 Exclusive Dealing and Requirements Contracts 299
16 "Barriers to Entry" 310
17 Boycotts and Individual Refusals to Deal 330
18 Predation Through Governmental Processes 347
19 Tying Arrangements and Reciprocal Dealing 365
20 Price Discrimination 382
Pt. III Summation
21 Recommendations 405
22 Final Thoughts 408
Epilogue 426
Appendix to Chapters 13 and 14 443
Notes 455
Index of Cases 469
Subject Index 473
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  • Anonymous

    Posted October 9, 2001

    Antitrust or Maximization of Consumer Welfare

    In the Antitrust Paradox, Judge Robert H. Bork gives a fascinating, though demanding, review of the most important antitrust issues in the United States. The central, pragmatic thesis of Bork is maximization of consumer welfare (also called economic efficiency) and not the protection of small businesses in addressing any antitrust issue. Unfortunately, the legislative, executive and judiciary branches of power as well as the practicing bar have not always shown consistency in making, interpreting, and applying antitrust rules. The main reason for their shared sub-optimal performance in that area is the too-often absence of a rudimentary understanding of market economics according to Bork. As a practicing marketer and lawyer, I agree with his observation. Law and economics are two complementary disciplines that should be taught together as part of the academic requirements or at least whose teaching could be made optional at the undergraduate level in our universities.

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