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Antitrust and Trade Regulation

Selected Works

William H. Page

Selected Works

2014

Antitrust consent decrees

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Workable Antitrust Remedies, William H. Page Nov 2014

Workable Antitrust Remedies, William H. Page

William H. Page

Just over twenty years ago, Frank Easterbrook proposed renaming the Chicago School of antitrust analysis the “Workable Antitrust Policy School,” in recognition of its skepticism about “the ability of courts to make things better even with the best data.” Richard Epstein's brief study of consent decrees is in this tradition of circumspection in antitrust matters. Epstein proposes to analyze “the role consent decrees play in the antitrust law” by examining “the factual and legal disputes that gave rise” to various decrees. He finds many decrees of the past century misguided in their ambition, but concludes, on the evidence of the …