Antitrust and the Bounds of Power : The dilemma of liberal democracy in the history of the market

"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"--Provided by publisher This non-technical text highlights the important points of antitrust law. Antitrust law has become progressively more technical both in its form and in its manner of enforcement. In turn these characteristics have tended to encourage the belief that antitrust law is the exclusive preserve of lawyers, economists and their respected doctrines. Yet technicalities and doctrines give covert and not neutral solutions to the dilemma of: how much private power are we ready to tolerate to preserve economic freedom from the intrusion of public power? How much public power are we ready to accept to prevent private power becoming a threat to the freedom of others? Preface -- Table Of Cases -- Table Of Legislation -- Antitrust: Introduction -- 1. Protection Of Competition Or Of Freedom Of Contract? -- 2. Today's Subtle Weapons -- 3. The Heritage Of History -- 4. Restrictive Agreements -- 5. Abuse Of A Dominant Position -- 6. Prohibitions Of Dominant Position -- 7. Drawing Together The Threads -- 8. The Dilemma Of Liberal Democracy -- Index. Giuliano Amato. This Work Arises From A Seminar [the Author] Led On The Same Topic At The European University Institute, Florence, And At New York University, There Together With Professor Eleanor Fox--pref. Includes Bibliographical References And Index. Antitrust : introduction. -- Part I. Technical profiles : the USA. -- 1. Protection of competition or of freedom of contract? -- 2. Today's subtle weapons. -- Part II. Technical profiles : Europe. -- 3. The heritage of history. -- 4. 'Restrictive' agreements. -- 5. Abuse of a dominant position. -- 6. Prohibitions of dominant position. -- Part III. Antitrust and the bounds of power. -- 7. Drawing together the threads. -- 8. The dilemma of liberal democracy In this book, Giuliano Amato draws on his experiences as a lawyer, politician and law professor 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 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 This non-technical text highlights the important points of antitrust law. It examines the dilemma of liberal democracy in the history of the market and how this dilemma is addressed by legislatures and courts in the US and Europe In this lucid and challenging book, Amato examines the dilemmas of antitrust law and the way they have been addressed in the US and Europe.