Law Commons^™

Nonefficiency Goals In The Antitrust Law Of Mergers, David W. Barnes

William & Mary Law Review

Robert Bork, former judge for the District of Columbia Circuit and antitrust scholar, has characterized the social and political goals underlying merger law as "pure intellectual mush."' Social and political values have formed the foundation of the most famous United States Supreme Court decisions interpreting section 7 of the Clayton Act, the primary statutory standard for judging the legality of corporate acquisitions. Judge Bork's dismissive and derogatory comments challenge both judges and scholars to provide a rigorous intellectual foundation and a procedure for incorporating these values into the merger law enforcement process.

Current trends in antitrust policy also force decision …