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How The Chicago School Overshot The Mark

Author: Robert Pitofsky
Publisher: Oxford University Press
ISBN: 9780199706754
Size: 55.58 MB
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How the Chicago School Overshot the Mark is about the rise and recent fall of American antitrust. It is a collection of 15 essays, almost all expressing a deep concern that conservative economic analysis is leading judges and enforcement officials toward an approach that will ultimately harm consumer welfare. For the past 40 years or so, U.S. antitrust has been dominated intellectually by an unusually conservative style of economic analysis. Its advocates, often referred to as "The Chicago School," argue that the free market (better than any unelected band of regulators) can do a better job of achieving efficiency and encouraging innovation than intrusive regulation. The cutting edge of Chicago School doctrine originated in academia and was popularized in books by brilliant and innovative law professors like Robert Bork and Richard Posner. Oddly, a response to that kind of conservative doctrine may be put together through collections of scores of articles but until now cannot be found in any one book. This collection of essays is designed in part to remedy that situation. The chapters in this book were written by academics, former law enforcers, private sector defense lawyers, Republicans and Democrats, representatives of the left, right and center. Virtually all agree that antitrust enforcement today is better as a result of conservative analysis, but virtually all also agree that there have been examples of extreme interpretations and misinterpretations of conservative economic theory that have led American antitrust in the wrong direction. The problem is not with conservative economic analysis but with those portions of that analysis that have "overshot the mark" producing an enforcement approach that is exceptionally generous to the private sector. If the scores of practices that traditionally have been regarded as anticompetitive are ignored, or not subjected to vigorous enforcement, prices will be higher, quality of products lower, and innovation diminished. In the end consumers will pay.

Research In The History Of Economic Thought And Methodology

Author: Jeff Biddle
Publisher: Emerald Group Publishing
ISBN: 0857240595
Size: 45.43 MB
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This collection includes both refereed articles and review essays. The articles highlight research on the role of western economic advisors in China before the Communist Revolution (Paul Trescott), John Ryan on minimum wage legislation, a symposium on Clement Juglar, and a comparison of recent work in the history of economics and the history of science. Review essays on new publications examine a range of subjects, including: David Hume's political economy; conceptions of economic morality in American thought; Frank Knight and the Austrians on institutions; Friedrich Engels; Austrian views on entrepreneurship; Coase and Pigou on government intervention; Hayek and conservatism; the history of the 'living wage' notion; methodological consideration of economics and econometrics; and, Paul Heyne's essays on economic and ethics.

Handbook On European Competition Law

Author: Ioannis Lianos
Publisher: Edward Elgar Publishing
ISBN: 1781006024
Size: 26.36 MB
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This Handbook will be an indispensable reference work for practitioners and scholars, as well as for those in an enforcement environment.

The Business Of America Is Lobbying

Author: Lee Drutman
Publisher: Oxford University Press
ISBN: 0190215534
Size: 77.95 MB
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Corporate lobbyists are everywhere in Washington. Of the 100 organizations that spend the most on lobbying, 95 represent business. The largest companies now have upwards of 100 lobbyists representing them. How did American businesses become so invested in politics? And what does all their money buy? Drawing on extensive data and original interviews with corporate lobbyists, The Business of America is Lobbying provides a fascinating and detailed picture of what corporations do in Washington, why they do it, and why it matters. Prior to the 1970s, very few corporations had Washington offices. But a wave of new government regulations and declining economic conditions mobilized business leaders. Companies developed new political capacities, and managers soon began to see public policy as an opportunity, not just a threat. Ever since, corporate lobbying has become increasingly more pervasive, more proactive, and more particularistic. Lee Drutman argues that lobbyists drove this development, helping managers to see why politics mattered, and how proactive and aggressive engagement could help companies' bottom lines. All this lobbying doesn't guarantee influence. Politics is a messy and unpredictable bazaar, and it is more competitive than ever. But the growth of lobbying has driven several important changes that make business more powerful. The status quo is harder to dislodge; policy is more complex; and, as Congress increasingly becomes a farm league for K Street, more and more of Washington's policy expertise now resides in the private sector. These and other changes increasingly raise the costs of effective lobbying to a level only businesses can typically afford. Lively and engaging, rigorous and nuanced, The Business of America is Lobbying will change how we think about lobbying-and how we might reform it.

Antitrust Paradox

Author: Robert H. Bork
Publisher: Free Press
ISBN: 9780029044568
Size: 74.17 MB
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Since it first appeared in 1978, this seminal work by one of the foremost American legal minds of our age has dramatically changed the way the courts view government's role in private affairs. Now reissued with a new introduction and epilogue by the author, this classic shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses. Robert Bork's view of antitrust law has had a profound impact on how the law has been both interpreted and applied. The Antitrust Paradox illustrates how the purpose and integrity of law can be subverted by those who do not understand the reality law addresses or who seek to make it serve unintended political and social ends. - Back cover.

The Design Of Competition Law Institutions

Author: Eleanor M Fox
Publisher: OUP Oxford
ISBN: 0191648973
Size: 58.23 MB
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Competition (or antitrust) law is national law. More than 120 jurisdictions have adopted their own competition law. Is there a need for convergence of the competition law systems of the world? Much effort has been devoted to nudging substantive law convergence in the absence of an international law of competition. But it is widely acknowledged that institutions play as great a role as substantive principles in the harmonious - or dissonant - application of the law. This book provides the first in depth study of the institutions of antitrust. It does so through a particular inquiry: Do the competition systems of the world embrace substantially the same process norms? Are global norms embedded in the institutional arrangements, however disparate? Delving deeply into their jurisdictions, the contributors illuminate the inner workings of the systems and expose the process norms embedded within. Case studies feature Australia/New Zealand, Canada, Chile, China, Japan, South Africa, the USA, and the European Union, as well as the four leading international institutions involved in competition: the World Trade Organization, the Organization for Economic Cooperation and Development, the United Nations Conference on Trade and Development, and the International Competition Network; and the introductory and synthesizing chapter by the directors of the project draws also from the new institutional arrangements of Brazil and India. The book reveals that there are indeed common process norms across the very different systems; thus, this study is a counterpart to studies on convergence of substantive rules. The synthesizing chapter observes an emerging 'sympathy of systems' in which global process norms, along with substantive norms, play a critical role. The book provides benchmarks for the field and suggests possibilities for future development when the norms are embraced in aspiration but not yet in practice. It offers insights for all interested in competition law and global governance.