The antitrust paradox : a policy at war with itself

Since it first appeared in 1978, this seminal work by one of the foremost American legal minds of our age has dramatically changed the way the courts view government's role in private affairs. Now reissued with a new introduction and foreword, this classic shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses. Robert Bork's view of antitrust law has had a profound impact on how the law has been both interpreted and applied. Lucid, highly readable, and full of rich social and political implications, The Antitrust Paradox illustrates how the purpose and integrity of law can be subverted by those who do not understand the reality law addresses or who seek to make it serve unintended political and social ends. Front cover Contents Preface Acknowledgments Introduction: The crisis in antitrust PART I - THE THEORY 1. The Historical Foundations of Antitrust Policy 2. The Goals of Antitrust: The Intentions of Congress 3. The Goals of Antitrust: The Responsibility of the Courts 4. Business Behavior and the Consumer Interest: Some Rudiments of Theory 5. The Consumer Welfare Model 6. The Method of Antitrust Analysis 7. Injury to Competition: The Law's Basic Theories PART II - THE LAW AND THE POLICY 8. Monopoly and Oligopoly: The Problem of Horizontal Size by Internal Growth 9. The Crash of Merger Policy: The Brown Shoe Decision 10. Horizontal Mergers 11. Vertical Mergers 12. Conglomerate Mergers 13. Horizontal Price Fixing and Market Division 14. Resale Price Maintenance and Vertical Market Division 15. Exclusive Dealing and Requirements Contracts 16. "Barriers to Entry" 17. Boycotts and Individual Refusals lo Deal 18. Predation Through Governmental Processes 19. Tying Arrangements and Reciprocal Dealing 20. Price Discrimination PART III - SUMMATION 21. Recommendations 22. Final Thoughts Appendix to chapters 13 & 14 Notes Index of cases Subject index Part One: The Theory -- 1. The Historical Foundations Of Antitrust Policy -- 2. The Goals Of Antitrust: The Intentions Of Congress -- 3. The Goals Of Antitrust: The Responsibility Of The Courts -- 4. Business Behavior And The Consumer Interest: Some Rudiments Of Theory -- 5. The Consumer Welfare Model -- 6. The Method Of Antitrust Analysis -- 7. Injury To Competition: The Law's Basic Theories -- Part Two: The Law And The Policy -- 8. Monopoly And Oligopoly: The Problem Of Horizontal Size By Internal Growth -- 9. The Crash Of Merger Policy: The Brown Shoe Dicision -- 10. Horizontal Mergers -- 11. Vertical Mergers -- 12. Conglomerate Mergers -- 13. Horizontal Price Fixing And Market Decision -- 14. Resale Price Maintenance And Vertical Market Division -- 15. Exclusive Dealing And Requirements Contracts -- 16. Barriers To Entry -- 17. Boycotts And Individual Refusals To Deal -- 18. Predation Through Governmental Processes -- 19. Tying Arrangements And Reciprocal Dealing -- 20. Price Discrimination -- Part Three: Summation -- 21. Recommendations -- 22. Final Thoughts Robert H. Bork. Includes Bibliographical References And Indexes. Since it first appeared in 1978, this seminal work by one of the foremost American legal minds of our age has dramatically changed the way the courts view government's role in private affairs. Now reissued with a new introduction and epilogue by the author, this classic shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses. Robert Bork's view of antitrust law has had a profound impact on how the law has been both interpreted and applied. The Antitrust Paradox illustrates how the purpose and integrity of law can be subverted by those who do not understand the reality law addresses or who seek to make it serve unintended political and social ends. - Back cover.