Antitrust Laws

Antitrust Laws
Author: United States
Publisher:
Total Pages: 96
Release: 1950
Genre: Antitrust law
ISBN:

The Antitrust Paradox

The Antitrust Paradox
Author: Robert Bork
Publisher:
Total Pages: 536
Release: 2021-02-22
Genre:
ISBN: 9781736089712

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.

Economics in Antitrust Policy

Economics in Antitrust Policy
Author: Mark Steiner
Publisher: Universal-Publishers
Total Pages: 200
Release: 2007
Genre: Business & Economics
ISBN: 1581123701

In the field of antitrust, the freedoms to contract and compete can and do contradict. Profit-maximizing companies desire perfectly competitive input markets to minimize their costs, but want monopolistic markets for their outputs to maximize their profits. Consequently, they have strong incentives to undermine competition in their output markets. In a world without antitrust laws, many companies would thus eliminate competition by using their freedom to contract, either by entering into legally enforceable agreements which fix prices or divide up markets, or by merging and acquiring rivals to gain market control. Therefore, guaranteeing and safeguarding companies' abilities to compete comes at the cost of restricting their freedoms to contract. The states role in this task is a delicate one though: government intervention itself necessarily limits the economic freedom of individuals and firms, and limiting the freedom of contract has potentially detrimental effects on economic activity as well. Hence, antitrust policy must find the right balance between the two freedoms of competition and contract, allowing competition to flourish while upholding the contractual freedoms necessary for a functioning market. The policies in the U.S. and Europe used to protect competition with per se rules, setting clear boundaries for the freedom to contract where it interfered with the freedom to compete. Over the past decades, improvements in economic analysis provided measurable dimensions for 'competition' through measures like efficiency and welfare. With these new and complex economic tools, the aim of an antitrust policy moved away from an 'indirect' mechanism which provided and enforced a strict framework of negative per se rules within which the competitive process was allowed to happen. The current policies directly aim at promoting welfare by attempting to 'balance' the welfare effects of individual business practices, permitting contracts or mergers with benign effects and prohibiting contracts with detrimental effects on welfare in potentially every case. These economic insights have promoted a better understanding of the competitive process and contributed to improved antitrust rules. However, in the actual enforcement of antitrust laws, recent developments caused by the influence of economic analysis have had a detrimental impact on antitrust policy in both the U.S. and the EU. First, it increased the discretion of competition authorities, lowering legal certainty for companies and increasing the potential for wrong decisions. Second, it gave companies incentives to waste resources on rent seeking activities by using economic analyses to demonstrate efficiencies in complicated and timely investigations and litigation. And third, the predominant use of economic analysis has massively increased the costs of enforcement. This thesis is the first one to depict these negative effects caused by recent developments and shows that a policy with clear limitations through proposed per se rules would be superior for it would eliminate the illustrated negative effects.

Democracy Against Domination

Democracy Against Domination
Author: K. Sabeel Rahman
Publisher: Oxford University Press
Total Pages: 257
Release: 2017
Genre: Business & Economics
ISBN: 019046853X

How do realize democratic values in a complex, deeply unequal modern economy and in the face of unresponsive governmental institutions? Drawing on Progressive Era thought and sparked by the real policy challenges of financial regulation, Democracy Against Domination offers a novel theory of democracy to answer these pressing questions.

Economic Freedom and the American Dream

Economic Freedom and the American Dream
Author: J. Shaanan
Publisher: Springer
Total Pages: 239
Release: 2010-01-04
Genre: Business & Economics
ISBN: 0230102239

Shaanan challenges the conventional view that unrestricted economic freedom enhances our economic and political well being. He demonstrates that unrestricted economic freedom provides benefits but also inflicts a heavy toll on democracy, free markets and, paradoxically, economic freedom itself.

Free Enterprise and Economic Organization

Free Enterprise and Economic Organization
Author: Louis B. Schwartz
Publisher:
Total Pages: 1110
Release: 1985
Genre: Law
ISBN:

This casebook provides detailed information on free enterprise. The casebook provides the tools for fast, easy, on-point research. Part of the University Casebook Series; , it includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.

Antitrust and the Bounds of Power

Antitrust and the Bounds of Power
Author: Giuliano Amato
Publisher: Bloomsbury Publishing
Total Pages: 147
Release: 1997-10-01
Genre: Law
ISBN: 1847313345

Since it first came into existence, antitrust law has become progressively more technical both in its form and in its manner of enforcement. Yet technicalities and doctrines give covert and not neutral solutions to a crucial dilemma which is of fundamental importance: how much private power is needed to preserve economic freedom from the intrusion of public power, and how much public power is needed to prevent private power becoming a threat to the freedom of others? In this lucidly written and challenging book, Giuliano Amato draws on his wide experience to examine the character of this dilemma and the way in which it has been addressed by legislatures and courts in the US and in Europe. His observations on the history and the doctrines of antitrust law and his conclusions as to how successfully the dilemma is being managed by the super economies of Europe and the US challenge conventional thinking. They will also stimulate economists and lawyers as well as business and lay people to consider more closely the future of antitrust laws across the globe.