Law Commons^™

Countervailing Power—Different Rules For Different Markets? Conduct And Context In Antitrust Law And Economics, Barbara Ann White

All Faculty Scholarship

The focus of modern applications of economic reasoning to antitrust concerns has been on the more subtle efficiency or procompetitive dimensions of the scrutinized conduct. When any of these characteristics are discovered, the courts tend to find no antitrust violation.

Two major difficulties arise with this approach. First, efficiency or procompetitive aspects can almost always be uncovered in any corporate enterprise, creating the potential for legitimizing almost all business behavior. Second, the legal conclusions courts reach are typically couched in terms of the business practice itself; therefore, once upheld, that practice is implicitly validated for other unrelated marketplace scenarios. Indiscriminate …

Corporate Law Through An Antitrust Lens, Edward B. Rock

All Faculty Scholarship

No abstract provided.

Integration, Disintegration And The Protection Of Competition: Of Myths, Stories And Images, David J. Gerber

All Faculty Scholarship

No abstract provided.

The Origins Of The European Competition Law Tradition In Fin-De-Siecle Austria, David J. Gerber

All Faculty Scholarship

No abstract provided.