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Politics

Antitrust and Trade Regulation

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Antitrust, Competition Policy, An Inequality, Jonathan Baker, Steven Salop Jan 2015

Antitrust, Competition Policy, An Inequality, Jonathan Baker, Steven Salop

Articles in Law Reviews & Other Academic Journals

Economic inequality recently has entered the political discourse in a highly visible way. This political impact is not a surprise. As the U.S. economy has begun to recover from the Great Recession since mid-2009, economic growth has effectively been appropriated by those already well off, leaving the median household less well off. The serious economic, political and moral issues raised by inequality can be addressed through a panoply of public policies including competition policy, the focus of this article. The article describes the channels through which market power contributes to inequality, and sets forth a range of possible antitrust policy …


Economics And Politics: Perspectives On The Goals And Future Of Antitrust, Jonathan Baker Jan 2013

Economics And Politics: Perspectives On The Goals And Future Of Antitrust, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

This article examines the roles of economics and politics in U.S. antitrust from several perspectives. It explains why the modern debate over the economic welfare standard that enforcers and courts should pursue is unsatisfying. It connects economics and politics by describing antitrust’s economic goals as the product of a mid-20th century political understanding about the nature of economic regulation that has continued in force to this day. To protect that understanding, it explains, antitrust rules should now be implemented using a qualified consumer welfare standard. The article also identifies contemporary political tensions that threaten to create regulatory gridlock, or even …


Competition Policy As A Political Bartain, Jonathan Baker Jan 2006

Competition Policy As A Political Bartain, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

Competition policy in the U.S. may be understood as a self-enforcing political bargain emerging from a repeated political interaction between two large and diffuse interest groups, consumers and producers. Absent such a bargain, regulatory policy would fluctuate between pro-producer policies that tolerate the exercise of market power and pro-consumer policies that systematically redistribute surplus from producers to consumers. This perspective is consistent with the broad contours of the historical U.S. experience with antitrust, particularly with the continuity in antitrust enforcement and decline in the political salience of competition policy since the 1940s. The adoption of Chicago school views during the …