Antitrust (Over-?) Confidence
Thomas A. Lambert
University of Missouri - School of Law
Joshua D. Wright
Federal Trade Commission; George Mason University School of Law
January 25, 2008
Loyola Consumer Law Review, Vol. 20, No. 2, 2008
George Mason Law & Economics Research Paper No. 07-50
University of Missouri School of Law Legal Studies Research Paper No. 2008-01
On October 5, 2007, a group of antitrust scholars convened on Chicago's Near North Side to discuss monopolization law. In the course of their freewheeling but fascinating conversation, a number of broad themes emerged. Those themes can best be understood in contrast to a body of antitrust scholarship that was born six miles to the south, at the University of Chicago. Most notably, the North Side discussants demonstrate a hearty confidence in the antitrust enterprise - a confidence that is not shared by Chicago School scholars, who generally advocate a more modest antitrust. As scholars who are more sympathetic to Chicago School views, we are somewhat skeptical. While we applaud many the of the insights and inquiries raised during the conversation, and certainly this sort of discussion in general, our task in this article is to draft a critical analysis of the October 5 conversation. In particular, we critique the North Side discussants' vision of a big antitrust that would place equal emphasis on Sections 1 and 2 of the Sherman Act and would expand private enforcement of Section 2.
Number of Pages in PDF File: 21
Date posted: January 25, 2008 ; Last revised: November 6, 2009
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