Revitalizing Antitrust in its Second Century - Essays on Legal, Economic, and Political Policy

America has entered its second century of antitrust law. The United States has come through the 1980s of laissez faire when antitrust had its lowest profile since the Hoover days, lawyers advised clients that anything goes, and theorists justified non-enforcement of the law by Chicago School economics--the claim that antitrust exists only to create efficiency and that business freedom creates efficiency. Meanwhile, the European Community has a developing body of antitrust law. It rejects the Chicago School as ignoring market realities, and it incorporates into its law values of opportunity, access, open markets and the right to be free from exploitation. The newly democratized European nations and Russia all have moved to market economies and adopted antitrust law in the image of the European Community, in spite of the carpet baggers trying to sell laissez faire. The Supreme Court of the United States has now reversed the swing of the U.S. antitrust pendulum, rejecting Chicago School theory in favor of market reality and accepting the fact that there is an antitrust right not to be coerced and abused by market power.

What is the intellectual foundation of this new antitrust--this law that respects efficiency, progressiveness, access, and freedom from abuse of power, and which reflects the need of business firms to be active and agile players in a global marketplace? That foundation is contained in Revitalizing Antitrust in its Second Century. This is the only book that provides the underpinnings for the new antitrust. It is the only book that helps the scholar/lawyer/business advisor/student understand the direction of antitrust and how to predict the course of the law. Four of the authors in the book were cited by the Supreme Court in its June opinion; one was cited eleven times. Revitalizing Antitrust in its Second Century is an indispensable volume for lawyers, economists, business advisors, sholars and students of law, economics, business and political economy.

Sommario

Introduction
Setting the Stage
Retrospective and Prospective: Where Are We Coming From? Where Are We Going? by Eleanor M. Fox and Lawrence A. Sullivan
Economic Frameworks
Theories of Industrial Organization by William G. Shepherd
Anchoring Antitrust Economics--A Lexicon by Eleanor M. Fox and Lawrence A. Sullivan
Antitrust and a Dynamic Economy
The Economic Goals of Antitrust: Efficiency, Consumer Welfare, and Technological Progress by Joseph F. Brodley
Antitrust, Efficiency, and Progress by F. M. Scherer
Antitrust and Enforceability: An Empirical Perspective by Walter Adams and James W. Brock
Law and Enforceability: A Litigator's Perspective by Jerome A. Hochberg
The Creation and Uses of Economic Power
Predation, Exclusion, and Efficiency
Monopoly Power and Market Power in Antitrust Law by Thomas G. Krattenmaker, Robert H. Lande, and Steven C. Salop
Containing Section 2 by Donald F. Turner
Delimiting Antitrust by Oliver E. Williamson
Against Orthodoxy by Ira M. Millstein and Jeffrey L. Kessler
The Dangerousness of Power by Louis B. Schwartz
Competition Chasing the Tail of Efficiency by Victor H. Kramer
Abusive and Exclusionary Practices in the European Community
Abuse of a Dominant Position and Exclusionary Practices: A European View by Alexis Jacquemin
Vertical Restraints: Efficiency, Consumer Benefit, and a Dynamic Economy
Legal Reasoning and the Jurisprudence of Vertical Restraints: The Limitations of Neoclassical Economic Analysis in the Resolution of Antitrust Disputes by John J. Flynn and James F. Ponsoldt
Economics of Vertical Arrangements by William S. Comanor
Vertical Restraints: Flynn, Ponsoldt, Comanor, and the Sea of Doubt by Thomas E. Kauper
Competitors' Collaboration--A Methodology for Analysis by Eleanor M. Fox
Barriers to Entry and Global Competition
Ease of Entry: Has the Concept Been Applied Too Readily? by Richard Schmalensee
Foreign Competitors and Potential Competition: Geographic Market Definition in an International Context by George Hay, John C. Hilke, and Philip B. Nelson
Tempering Antitrust with Industrial Policy?
Modifying Antitrust to Meet International Competition: The Case of Semiconductors by Harry First
Putting the Brakes on the Merger Movement--Antitrust, Yes; Industrial Policy, No by William F. Mueller
Antitrust in its Second Century
Congress and Antitrust Policy After the Reagan Administration by Edward Correia
Dual Antitrust Enforcement in the 1990s by Robert Abrams and Lloyd Constantine
The Case for Federal Uniformity by Jerome A. Hochberg
Business Judgement versus Antitrust Justice--The Forgotten Private Plaintiff by Stephen D. Susman
Does Antitrust Have a Future? by Robert Pitofsky
Conclusion
Index

Info autore

HARRY FIRST is Professor of Law at New York University.

ELEANOR M. FOX is Professor of Law at New York University.

ROBERT PITOFSKY is Professor of Law at Georgetown University.

Dettagli sul prodotto

• Con la collaborazione di: Harry First (Editore), First Harry (Editore), Eleanor M. Fox (Editore), Fox Eleanor M. (Editore), Robert Pitofsky (Editore), Pitofsky Robert (Editore)
• Editore: Bloomsbury
• Lingue: Inglese
• Formato: Copertina rigida
• Pubblicazione: 23.10.1991
• EAN: 9780899304397
• ISBN: 978-0-89930-439-7
• Categorie: Scienze sociali, diritto, economia > Economia > Altro; USA, LAW / General, United States of America, USA, Laws of specific jurisdictions and specific areas of law, Laws Of Specific Jurisdictions, Current Events and Issues: Business