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Does Antitrust Need to be Modernized?

Dennis W. Carlton

University of Chicago - Booth School of Business; National Bureau of Economic Research (NBER)

January 2007

Economic Analysis Group Discussion Paper No. 07-3

In 2002, Congress established the Antitrust Modernization Commission to address whether the antitrust laws needed to be changed in light of globalization and rapid technological change. This paper addresses that question. Although the basic framework of the antitrust laws is suitable to deal with current economic conditions, the paper identifies several areas where antitrust can be improved. The paper first examines whether the proper criterion for antitrust should be total or consumer surplus. Then it identifies some key issues that need to be clarified and explains how they should be clarified. Those issues include market definition, merger policy and the treatment of efficiencies, the interaction of antitrust and intellectual property, exclusionary conduct, the right of indirect purchasers to sue, and the proper allocation of responsibility between regulation and antitrust.

Number of Pages in PDF File: 25

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Date posted: January 15, 2007  

Suggested Citation

Carlton , Dennis W., Does Antitrust Need to be Modernized? (January 2007). Economic Analysis Group Discussion Paper No. 07-3. Available at SSRN: http://ssrn.com/abstract=956930 or http://dx.doi.org/10.2139/ssrn.956930

Contact Information

Dennis W. Carlton (Contact Author)
University of Chicago - Booth School of Business ( email )
5807 S. Woodlawn Avenue
Chicago, IL 60637
United States
312-322-0215 (Phone)
National Bureau of Economic Research (NBER)
1050 Massachusetts Avenue
Cambridge, MA 02138
United States
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