America has entered its second century of antitrust law. The
United States has come through the 1980s of laissez faire when
antitrust had its lowest profile since the Hoover days, lawyers
advised clients that anything goes, and theorists justified
non-enforcement of the law by Chicago School economics--the claim
that antitrust exists only to create efficiency and that business
freedom creates efficiency. Meanwhile, the European Community has a
developing body of antitrust law. It rejects the Chicago School as
ignoring market realities, and it incorporates into its law values
of opportunity, access, open markets and the right to be free from
exploitation. The newly democratized European nations and Russia
all have moved to market economies and adopted antitrust law in the
image of the European Community, in spite of the carpet baggers
trying to sell laissez faire. The Supreme Court of the United
States has now reversed the swing of the U.S. antitrust pendulum,
rejecting Chicago School theory in favor of market reality and
accepting the fact that there is an antitrust right not to be
coerced and abused by market power.
What is the intellectual foundation of this new antitrust--this
law that respects efficiency, progressiveness, access, and freedom
from abuse of power, and which reflects the need of business firms
to be active and agile players in a global marketplace? That
foundation is contained in Revitalizing Antitrust in its Second
Century. This is the only book that provides the underpinnings for
the new antitrust. It is the only book that helps the
scholar/lawyer/business advisor/student understand the direction of
antitrust and how to predict the course of the law. Four of the
authors in the book were cited by the Supreme Court in its June
opinion; one was cited eleven times. "Revitalizing Antitrust in its
Second Century" is an indispensable volume for lawyers, economists,
business advisors, sholars and students of law, economics, business
and political economy.
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