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Reforming Antitrust

Reforming Antitrust
Author: Alan J. Devlin
Publisher: Cambridge University Press
Total Pages: 649
Release: 2021-08-19
Genre: Law
ISBN: 1009006266

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Industrial consolidation, digital platforms, and changing political views have spurred debate about the interplay between public and private power in the United States and have created a bipartisan appetite for potential antitrust reform that would mark the most profound shift in US competition policy in the past half-century. While neo-Brandeisians call for a reawakening of antitrust in the form of a return to structuralism and a concomitant rejection of economic analysis founded on competitive effects, proponents of the status quo look on this state of affairs with alarm. Scrutinizing the latest evidence, Alan J. Devlin finds a middle ground. US antitrust laws warrant revision, he argues, but with far more nuance than current debates suggest. He offers a new vision of antitrust reform, achieved by refining our enforcement policies and jettisoning an unwarranted obsession with minimizing errors of economic analysis.


Reforming the Antitrust Laws

Reforming the Antitrust Laws
Author: Milton Handler
Publisher:
Total Pages: 120
Release: 1982
Genre: Antitrust law
ISBN:

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CONTROLLING MERGERS AND MARKET POWER

CONTROLLING MERGERS AND MARKET POWER
Author: John Kwoka
Publisher:
Total Pages: 160
Release: 2020-05-05
Genre: Law
ISBN: 9781950769582

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John Kwoka's Controlling Mergers and Market Power: A Program for Reviving Antitrust in America is an important and timely contribution from a prominent antitrust economist and policy advisor. It has been many decades since questions about antitrust enforcement have been so prominent in political, economic, and scholarly debate. Mergers in countless industries, rising concentration throughout the economy, and the dominance of tech giants have brought renewed attention to the role and the responsibility of antitrust policy. But scholarly analysis of these issues, which Professor Kwoka has already contributed to in many ways, is not by itself enough. Once the underlying problems have been identified and documented, commentators and policymakers need to take the next step and provide sensible, enforceable, and economically rational proposals to address them. The purpose of this book is to do just that. Controlling Mergers and Market Power sets out a comprehensive, detailed, and rigorous program to revive antitrust, and merger control in particular, in the U.S. It analyzes the specific failures and weaknesses of current policy. Then, drawing on contemporary economic research and experience, it develops a series of specific proposals for reforming and revitalizing antitrust policy. Collectively, these reforms would reverse the trend toward a narrow, permissive antitrust policy, and strengthen competition in the economy. Few are better positioned to set out a program for reforming antitrust. Professor Kwoka's earlier work on merger policy has been credited for its insights and for prompting renewed attention to the issues. In this new breakthrough contribution, he takes us through the next and necessary steps to revive antitrust in America.


How Antitrust Failed Workers

How Antitrust Failed Workers
Author: Eric A. Posner
Publisher: Oxford University Press
Total Pages: 225
Release: 2021
Genre: LAW
ISBN: 019750762X

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"Antitrust law has very rarely been used by workers to challenge anticompetitive employment practices. Yet recent empirical research shows that labor markets are highly concentrated, and that employers engage in practices that harm competition and suppress wages. These practices include no-poaching agreements, wage-fixing, mergers, covenants not to compete, and misclassification of gig workers as independent contractors. This failure of antitrust to challenge labor-market misbehavior is due to a range of other failures-intellectual, political, moral, and economic. And the impact of this failure has been profound for wage levels, economic growth, and inequality. In light of the recent empirical work, it is urgent for regulators, courts, lawyers, and Congress to redirect antitrust resources to labor market problems. This book offers a strategy for judicial and legislative reform"--


The Limits of Competition Policy

The Limits of Competition Policy
Author: A. E. Rodriguez
Publisher: Kluwer Law International B.V.
Total Pages: 234
Release: 2010-01-01
Genre: Law
ISBN: 9041131779

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What the authors offer is a thoroughgoing analysis clearly demonstrating that, whatever economic path developing countries pursue, imposing Western-style antitrust regimes will engender uncertainty, chill economic behaviour, and foster an unhealthy climate for business. They employ the influential error-cost methodology to appraise the performance of competition policy and to show how such a policy creates irresolvable tensions in fragile economies with weak institutions - economies characterized by informal rules of business practice, long-standing symbiotic business-state relationships, and unpredictable state action. They mount a powerful critique of the arguments of neo-institutionalists (who fail to recognize the vulnerable nature of emerging market economies) and competition `advocates' (who presume to stand ready and vigilant to enforce competition policy on state entities). --


How Antitrust Failed Workers

How Antitrust Failed Workers
Author: Eric A. Posner
Publisher: Oxford University Press
Total Pages: 225
Release: 2021-08-13
Genre: Law
ISBN: 0197507646

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A trenchant account of an unacknowledged driver of inequality and wage stagnation in America: the failure of antitrust law to prevent the consolidation of employers, who use their market power to suppress wages. Since the 1970s, Americans have seen inequality skyrocket--and job opportunities stagnate. There are many theories of why this happened, including the decline of organized labor, changes in technology, and the introduction of tax policies that favored the rich. A missing piece of the puzzle is the consolidation of employers, which has resulted in limited competition in labor markets. This should have been addressed by antitrust law, but was not. In How Antitrust Law Failed Workers, Eric Posner documents the failure of antitrust law to address labor market concentration. Only through reforming antitrust law can we shield workers from employers' overwhelming market power. Antitrust law is well-known for its role in combatting mergers, price-fixing arrangements, and other anticompetitive actions in product markets. By opposing these practices, antitrust law enhances competition among firms and keeps prices low for goods and services. Less well-known, antitrust law also applies to anticompetitive conduct by employers in labor markets, which pushes wages below the competitive rate. Yet there have been few labor market cases or enforcement actions, and almost no scholarly commentary on the role of antitrust law in labor markets. This book fills the gap. It explains why antitrust law has failed to address labor market concentration, and how it can be reformed so that it does a better job. Essential reading for anyone interested in fighting economic inequality, How Antitrust Failed Workers also offers a sharp primer on the true nature of the American economyDLone that is increasingly uncompetitive and tilted against workers.


The Antitrust Paradox

The Antitrust Paradox
Author: Robert Bork
Publisher:
Total Pages: 536
Release: 2021-02-22
Genre:
ISBN: 9781736089712

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The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.


Innovation Matters

Innovation Matters
Author: Richard J. Gilbert
Publisher: MIT Press
Total Pages: 337
Release: 2020-07-14
Genre: Business & Economics
ISBN: 026235862X

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A proposal for moving from price-centric to innovation-centric competition policy, reviewing theory and available evidence on economic incentives for innovation. Competition policy and antitrust enforcement have traditionally focused on prices rather than innovation. Economic theory shows the ways that price competition benefits consumers, and courts, antitrust agencies, and economists have developed tools for the quantitative evaluation of price impacts. Antitrust law does not preclude interventions to encourage innovation, but over time the interpretation of the laws has raised obstacles to enforcement policies for innovation. In this book, economist Richard Gilbert proposes a shift from price-centric to innovation-centric competition policy. Antitrust enforcement should be concerned with protecting incentives for innovation and preserving opportunities for dynamic, rather than static, competition. In a high-technology economy, Gilbert argues, innovation matters.


The Antitrust Paradigm

The Antitrust Paradigm
Author: Jonathan B. Baker
Publisher: Harvard University Press
Total Pages: 369
Release: 2019-05-06
Genre: Law
ISBN: 0674975782

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At a time when tech giants have amassed vast market power, Jonathan Baker shows how laws and regulations can be updated to ensure more competition. The sooner courts and antitrust enforcement agencies stop listening to the Chicago school and start paying attention to modern economics, the sooner Americans will reap the benefits of competition.