The two l awyers wrote to persuade judges, who make the antitrust rules, except on rare occasions when Congress steps in.
Voters, politicians, officials, and courts w ere increasingly receptive to Bork and Posner’s efficiency arguments, both on their intrinsic merits and to reduce the scope of government. Ronald Reagan’s popularity was rising, and he would, in short order, win the presidency by promising to rescue the U.S. The two Chicago school lawyers proposed eliminating some rules and modifying others to make them less restrictive.2 Bork and Posner wrote amid political conditions favorable to their deregulatory impulse. They maintained that antitrust advocates overstated the dangers of market power and sacrificed too much to prevent it. They argued that the antitrust rules did just that, harming the economy by systematically discouraging firms from capturing efficiencies. Lished two of the most influential books ever written about antitrust law and policy.1 As with Posner’s broader work in law and economics, they w ere especially concerned that law not get in the way of efficient business practices. N THE LATE 1970s, Robert Bork and Richard Posner pub. Notes 211 References 301 Acknowledgments 337 Index 339 Inferring Agreement and Algorithmic Coordination Exclusionary Conduct by Dominant Platforms Threats to Innovation from Lessened Competition Harms to Suppliers, Workers, and Platform Users Antitrust Rules and the Information Economy Market Power in an Era of Antitrust The Faltering Political Consensus Supporting Antitrust Preventing the Political Misuse of Antitrust Recalibrating Error Costs and Presumptions Erroneous Arguments against Enforcement The Market Power Paroxysm and the Antitrust Paradigm paper) Subjects: LCSH: Antitrust law-Economic aspects-United States. | Includes bibliographical references and index. Description: Cambridge, Massachusetts : Harvard University Press, 2019. Title: The antitrust paradigm : restoring a competitive economy / Jonathan B. BakerĬambridge, Massachusetts London, England 2019Ĭopyright © 2019 by the President and Fellows of Harvard College All rights reserved Printed in the United States of America First printing Jacket design: Jill Breitbarth 9780674238954 (EPUB) 9780674238961 (MOBI) 9780674238947 (PDF) The Library of Congress has cataloged the printed edition as follows: Names: Baker, Jonathan B., author. The Antitrust Paradigm Restoring a Competitive Economy Jonathan B.
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