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Jan B. Rittaler Ingo L.O. Schmidt 's A Critical Evaluation of the Chicago School of Antitrust PDF

By Jan B. Rittaler Ingo L.O. Schmidt

ISBN-10: 9400925670

ISBN-13: 9789400925670

ISBN-10: 940107660X

ISBN-13: 9789401076609

The e-book of this clinically analytical and trenchantly insightful quantity is felicitously timed. via fortuitous accident, it comes at a time whilst the Chicago college enjoys a high-water mark of reputation in U.S. felony circles, and at a time whilst the U.S. merger circulate of the Nineteen Eighties is cresting. It offers a welcome caution opposed to the risks of translating summary theories, in response to hugely restrictive (and unrealistic) assumptions, into facile public coverage techniques. As such the Schmidt/Rittaler examine serves as a wanted antidote to the at the moment trendy predilection to confuse ideology with technology. within the Chicago lexicon, the single acceptable coverage towards enterprise is a coverage of untrammeled laissez-faire. simply because there are not any industry imperfec­ tions (other than government-created or trade-union-generated monopolies), the industry will be depended on to control financial task, inexorably shelling out applicable rewards and punishments. during this excellent international, company dimension and tool may be appropriately neglected. in spite of everything, businesses develop into tremendous simply purely simply because they're effective, simply simply because they're effective, simply simply because they've got served shoppers higher than their competitors, and in simple terms simply because no rookies are more than enough to problem their dominance. as soon as an commercial immense turns into torpid and not bestows its effective beneficence on society, it is going to unavoidably wither and at last die. this is often the "natural legislation" that governs fiscal existence. It calls for obedience to its ideas. It tolerates no interference through the state.

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81 ff. Bork, The Antitrust Paradox, op. , 50. Cf. Bork, The Antitrust Paradox, op. , 50 f. Bork, The Antitrust Paradox, op. , 111 (emphasis added). Bork, The Antitrust Paradox, op. , 57. 27 The language of the antitrust statutes, their legislative histories, the major structural features of antitrust law, and considerations of the scope, nature, consistency, and ease of administration of the law all indicate that the law should be guided solely by the criterion of consumer welfare. Bork recognizes that a "mutiple-goal antitrust law" has a certain appeal to many people; he tries to prove the exclusiveness of the consumer welfare goal by claiming certain virtues for it: (A) consumer welfare goal is superior in that it (1) gives fair warning, (2) places intensely political and legislative decisions in Congress instead of the courts, (3) maintains the integrity of the legislative process, (4) requires real rather than unreal economic distinctions, and (5) avoids arbitrary or anticonsumer rules.

QI' 42 It is obviously possible to distinguish three cases: 73 - the "economies of scale"-effect exceeds the "X-inefficiency"-effect (e"'); - both effects equalize resp. compensate each other (e /'); and - the "economies of scale" -effect is smaller than the "X-inefficiency"effect (e /). 7s Scherer states with regard to this phenomenon that (t)he evidence is fragmentary, but it is persuasive. 'X-inefficiency' exists, and it is more apt to be reduced when competitive pressures are strong than when firms enjoy insulated market positions.

31 ... Congress ... did not condone 'good trust' and condemn 'bad' ones; it forbade all. Moreover, in so doing it was not necessarily actuated by economic motives alone. '" We have been speaking only of the economic reasons which forbid monopoly; but as we have already implied, there are others, based upon the belief that great industrial consolidations are inherently undesirable, regardless of their economic results. In the debates in Congress Senator Sherman himself in the passage quoted in the margin showed that among the purposes of Congress in 1890 was a desire to put an end to great aggregations of capital because of the helplessness of individual before them.

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A Critical Evaluation of the Chicago School of Antitrust Analysis by Jan B. Rittaler Ingo L.O. Schmidt


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