Antitrust and the Triumph of Economics

Antitrust and the Triumph of Economics PDF

Author: Marc Allen Eisner

Publisher: UNC Press Books

Published: 2017-11-01

Total Pages: 320

ISBN-13: 1469639777

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Some of the chief aims of President Ronald Reagan's economic agenda were to reduce the "regulatory burden," minimize state intervention, and reinvigorate market mechanisms. Toward these ends, his administration limited antitrust enforcement to technical cases of price-fixing, invoking the doctrine of the Chicago school of economics. In Antitrust and the Triumph of Economics, Marc Eisner shows that the so-called "Reagan revolution" was but an extension of well-established trends. He examines organizational and procedural changes in the Antitrust Division of the Department of Jusice and the Federal Trade Commission that predated the 1980 election and forced the subsequent redefinition of policy. During their early years, the Antitrust Division and the FTC gave little attention to economic analysis. In the period following World War II, however, economic analysis assumed an increasingly important role in both agencies, and economists rose in status from being members of support staff to being pivotal decision makers who, in effect, shaped the policies for which elected officials were generally assumed to be responsible. In the 1960s and 1970s, critical shifts in prevailing economic theory within the academic community were transmitted into the agencies. This had a profound effect on how antitrust was conceptualized in the federal government. Thus, when Ronald Reagan became president in 1981, the antitrust agencies were already pursuing a conservative enforcement program. Eisner's study challenges dominant explanations of policy change through a focus on institutional evolution. It has important implications for current debates on the state, professionalization, and the delegation of authority. Originally published in 1991. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

Economics of Regulation and Antitrust

Economics of Regulation and Antitrust PDF

Author: W. Kip Viscusi

Publisher: MIT Press

Published: 2005-08-19

Total Pages: 955

ISBN-13: 026222075X

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A substantially revised and updated new edition of the leading text on business and government, with new material reflecting recent theoretical and methodological advances; includes further coverage of the Microsoft antitrust case, the deregulation of telecommunications and electric power, and new environmental regulations. This new edition of the leading text on business and government focuses on the insights economic reasoning can provide in analyzing regulatory and antitrust issues. Departing from the traditional emphasis on institutions, Economics of Regulation and Antitrust asks how economic theory and empirical analyses can illuminate the character of market operation and the role for government action and brings new developments in theory and empirical methodology to bear on these questions. The fourth edition has been substantially revised and updated throughout, with new material added and extended discussion of many topics. Part I, on antitrust, has been given a major revision to reflect advances in economic theory and recent antitrust cases, including the case against Microsoft and the Supreme Court's Kodak decision. Part II, on economic regulation, updates its treatment of the restructuring and deregulation of the telecommunications and electric power industries, and includes an analysis of what went wrong in the California energy market in 2000 and 2001. Part III, on social regulation, now includes increased discussion of risk-risk analysis and extensive changes to its discussion of environmental regulation. The many case studies included provide students not only pertinent insights for today but also the economic tools to analyze the implications of regulations and antitrust policies in the future.The book is suitable for use in a wide range of courses in business, law, and public policy, for undergraduates as well at the graduate level. The structure of the book allows instructors to combine the chapters in various ways according to their needs. Presentation of more advanced material is self-contained. Each chapter concludes with questions and problems.

Research Handbook on the Economics of Antitrust Law

Research Handbook on the Economics of Antitrust Law PDF

Author: Einer Elhauge

Publisher: Edward Elgar Publishing

Published: 2012

Total Pages: 425

ISBN-13: 0857938096

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One might mistakenly think that the long tradition of economic analysis in antitrust law would mean there is little new to say. Yet the field is surprisingly dynamic and changing. The specially commissioned chapters in this landmark volume offer a rigorous analysis of the field's most current and contentious issues. Focusing on those areas of antitrust economics that are most in flux, leading scholars discuss topics such as: mergers that create unilateral effects or eliminate potential competition; whether market definition is necessary; tying, bundled discounts, and loyalty discounts; a new theory of predatory pricing; assessing vertical price-fixing after Leegin; proving horizontal agreements after Twombly; modern analysis of monopsony power; the economics of antitrust enforcement; international antitrust issues; antitrust in regulated industries; the antitrust-patent intersection; and modern methods for measuring antitrust damages. Students and scholars of law and economics, law practitioners, regulators, and economists with an interest in industrial organization and consulting will find this seminal Handbook an essential and informative resource.

Antitrust Law and Trade Regulation, Cases and Materials

Antitrust Law and Trade Regulation, Cases and Materials PDF

Author: Arthur Melamed

Publisher: Foundation Press

Published: 2018-01-17

Total Pages: 1272

ISBN-13: 9781634595049

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This edition of the book offers a comprehensive re-thinking of antitrust law, approaching competition problems in the market from a functional standpoint. The book has roots in prior editions, but it really offers a top-to-bottom reconsideration of how best to present modern issues in antitrust. After a brief introduction to the origins and objectives of antitrust law, the book launches the study of the field with a chapter on the concept of market power and the meaning of competition--building blocks that are essential to understanding everything else that follows in the course. It then devotes three chapters to the primary kinds of antitrust issues that arise from marketplace conduct: horizontal agreements among competitors, vertical distribution agreements, and exclusionary practices (whether done by a single firm or a group). Because of their importance to the economy, as well as to antitrust practice, mergers have their own chapter, which provides not only the important judicial opinions in this area, but also extensive materials from the Department of Justice and the Federal Trade Commission, the primary regulators of merger activity. The book then turns to two specialized issues that are of growing importance: the way in which U.S. antitrust laws operate in the global economy, and an innovative new chapter on intellectual property, technology, and platforms. It concludes with a chapter discussing the legal boundaries around the field of antitrust, including exemptions and immunities, and a chapter on the institutional framework for enforcement--the framework that translates words on a page into reality on the ground. The Seventh Edition retains and, where appropriate, adds to, the problems that have been a feature of this book for decades. To maximize instructor flexibility, the problems for each topic now appear at the end of the chapter.

The Oxford Handbook of International Antitrust Economics, Volume 2

The Oxford Handbook of International Antitrust Economics, Volume 2 PDF

Author: Roger D. Blair

Publisher: Oxford University Press

Published: 2014-11-03

Total Pages: 665

ISBN-13: 019938861X

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More than any other area of regulation, antitrust economics shapes law and policy in the United States, the Americas, Europe, and Asia. In a number of different areas of antitrust, advances in theory and empirical work have caused a fundamental reevaluation and shift of some of the assumptions behind antitrust policy. This reevaluation has profound implications for the future of the field. The Oxford Handbook of International Antitrust Economics has collected chapters from many of the leading figures in antitrust. In doing so, this two volume Handbook provides an important reference guide for scholars, teachers, and practitioners. However, it is more than a merely reference guide. Rather, it has a number of different goals. First, it takes stock of the current state of scholarship across a number of different antitrust topics. In doing so, it relies primarily upon the economics scholarship. In some situations, though, there is also coverage of legal scholarship, case law developments, and legal policies. The second goal of the Handbook is to provide some ideas about future directions of antitrust scholarship and policy. Antitrust economics has evolved over the last 60 years. It has both shaped policy and been shaped by policy. The Oxford Handbook of International Antitrust Economics will serve as a policy and research guide of next steps to consider when shaping the future of the field of antitrust.

Antitrust Law and Economics

Antitrust Law and Economics PDF

Author: Keith N. Hylton

Publisher: Edward Elgar Publishing

Published: 2010-01-01

Total Pages: 311

ISBN-13: 1849805288

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In this outstanding new book Professor Keith Hylton and his collaborators examine what antitrust law has become over the past ten years, a time in which economic analysis has become its undisputed core. What has become of the old antitrust doctrine, what are the new issues for the immediate future? This book brings together the leading experts to examine this silent revolution at the core of US domestic policy. Mark Grady, UCLA School of Law, US Hylton s Antitrust Law and Economics brings together many of the best authors writing in antitrust today. Their essays range widely, covering proof of agreement under the Sherman Act, group boycotts, monopolization and essential facilities, tying and other vertical restraints, and merger policy. The writing is clear, accessible but still technically sophisticated and comprehensive. This book represents the best in contemporary antitrust scholarship, by authors who understand and are able to communicate the centrality of economic analysis to antitrust. No antitrust lawyer, serious antitrust student, or antitrust economist should be without this book. Herbert Hovenkamp, University of Iowa College of Law, US This comprehensive book provides an extensive overview of the major topics of antitrust law from an economic perspective. Its in-depth treatment and analysis of both the law and economics of antitrust is presented via a collection of interconnected original essays. The contributing authors are among the most influential scholars in antitrust, with a rich diversity of backgrounds. Their entries cover, amongst other issues, predatory pricing, essential facilities, tying, vertical restraints, enforcement, mergers, market power, monopolization standards, and facilitating practices. This well-organized and substantial work will be invaluable to professors of American antitrust law and European competition law, as well as students specializing in competition law. It will also be an important reference for professors and graduate students of economics and business.

Competition Laws in Conflict

Competition Laws in Conflict PDF

Author: Richard Allen Epstein

Publisher: American Enterprise Institute

Published: 2004

Total Pages: 428

ISBN-13: 9780844742014

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Moreover, states have powerful incentives to permit domestic industries to exploit outsiders, or even to facilitate such practices. High-profile antitrust conflicts, from the prosecution of Microsoft in state, national, and international forums to the transatlantic disagreement over the European Union's merger policy, illustrate the difficulties. Possible solutions to these problems range from improved intergovernmental cooperation, to direct policy harmonization, to a new regime of "structured competition" in antitrust policy modeled on U.S. corporation law.