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How the Chicago School Overshot the Mark - The Efect of Conservative Economic Analysis on U.S. Antitrust (Hardcover, New)
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How the Chicago School Overshot the Mark - The Efect of Conservative Economic Analysis on U.S. Antitrust (Hardcover, New)
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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" producingan 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.
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