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The Antitrust Enterprise
By
Herbert Hovenkamp
Description
After thirty years, the debate over
antitrust\\\'s ideology has quieted. Most now agree that the protection
of consumer welfare should be the only goal of antitrust laws.
Execution, however, is another matter. The rules of antitrust remain
unfocused, insufficiently precise, and excessively complex. The
problem of poorly designed rules is severe, because in the short run
rules weigh much more heavily than principles. At bottom, antitrust
is a defensible enterprise only if it can make the microeconomy work
better, after accounting for the considerable costs of operating the
system.
The Antitrust Enterprise is the first
authoritative and compact exposition of antitrust law since Robert
Bork\\\'s classic The Antitrust Paradox was published more than thirty
years ago. It confronts not only the problems of poorly designed,
overly complex, and inconsistent antitrust rules but also the current
disarray of antitrust\\\'s rule of reason, offering a coherent and
workable set of solutions. The result is an antitrust policy that is
faithful to the consumer welfare principle but that is also more
readily manageable by the federal courts and other antitrust
tribunals.
Contents
Part I. Limits and Possibilities
1. The Legal and Economic Structure of
the Antitrust Laws
2. The Design of Antitrust Rules
3. The Promises and Hazards of Private
Antitrust Enforcement
4. Expert Testimony and the Predicament
of Antitrust Fact Finding
Part II. Traditional Antitrust Rules
5. Unreasonable Exercises of Market
Power
6. Combinations of Competitors
7. Dominant Firms and Exclusionary
Practices
8. Antitrust and Distribution
9. The National Policy on Business
Mergers
Part III. Regulation, Innovation,
and Connectivity
10. Antitrust under Regulation and
Deregulation
11. The Conflict between Antitrust and
Intellectual Property Rights
12. Network Industries and Computer
Platform Monopoly
Epilogue: Antitrust Reform
Notes
Index
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