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

Editat de Harry First, Eleanor M. Fox, Robert Pitofsky
en Limba Engleză Hardback – 22 oct 1991 – vârsta până la 17 ani
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.
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Specificații

ISBN-13: 9780899304397
ISBN-10: 0899304397
Pagini: 564
Dimensiuni: 156 x 235 x 35 mm
Greutate: 0.97 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Praeger
Locul publicării:New York, United States

Notă biografică

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.

Cuprins

IntroductionSetting the StageRetrospective and Prospective: Where Are We Coming From? Where Are We Going? by Eleanor M. Fox and Lawrence A. SullivanEconomic FrameworksTheories of Industrial Organization by William G. ShepherdAnchoring Antitrust Economics--A Lexicon by Eleanor M. Fox and Lawrence A. SullivanAntitrust and a Dynamic EconomyThe Economic Goals of Antitrust: Efficiency, Consumer Welfare, and Technological Progress by Joseph F. BrodleyAntitrust, Efficiency, and Progress by F. M. SchererAntitrust and Enforceability: An Empirical Perspective by Walter Adams and James W. BrockLaw and Enforceability: A Litigator's Perspective by Jerome A. HochbergThe Creation and Uses of Economic PowerPredation, Exclusion, and EfficiencyMonopoly Power and Market Power in Antitrust Law by Thomas G. Krattenmaker, Robert H. Lande, and Steven C. SalopContaining Section 2 by Donald F. TurnerDelimiting Antitrust by Oliver E. WilliamsonAgainst Orthodoxy by Ira M. Millstein and Jeffrey L. KesslerThe Dangerousness of Power by Louis B. SchwartzCompetition Chasing the Tail of Efficiency by Victor H. KramerAbusive and Exclusionary Practices in the European CommunityAbuse of a Dominant Position and Exclusionary Practices: A European View by Alexis JacqueminVertical Restraints: Efficiency, Consumer Benefit, and a Dynamic EconomyLegal 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. PonsoldtEconomics of Vertical Arrangements by William S. ComanorVertical Restraints: Flynn, Ponsoldt, Comanor, and the Sea of Doubt by Thomas E. KauperCompetitors' Collaboration--A Methodology for Analysis by Eleanor M. FoxBarriers to Entry and Global CompetitionEase of Entry: Has the Concept Been Applied Too Readily? by Richard SchmalenseeForeign Competitors and Potential Competition: Geographic Market Definition in an International Context by George Hay, John C. Hilke, and Philip B. NelsonTempering Antitrust with Industrial Policy?Modifying Antitrust to Meet International Competition: The Case of Semiconductors by Harry FirstPutting the Brakes on the Merger Movement--Antitrust, Yes; Industrial Policy, No by William F. MuellerAntitrust in its Second CenturyCongress and Antitrust Policy After the Reagan Administration by Edward CorreiaDual Antitrust Enforcement in the 1990s by Robert Abrams and Lloyd ConstantineThe Case for Federal Uniformity by Jerome A. HochbergBusiness Judgement versus Antitrust Justice--The Forgotten Private Plaintiff by Stephen D. SusmanDoes Antitrust Have a Future? by Robert PitofskyConclusionIndex