Harvard, Not Chicago: Which Antitrust School Drives Recent Supreme Court Decisions?
Harvard Law School
Harvard Law and Economics Discussion Paper No. 594
Competition Policy International, Vol. 3, No. 2, Autumn 2007
The U.S. Supreme Court has now decided 14 antitrust cases in a row in favor of the defendant. But this does not indicate an embrace of the conservative Chicago School over the moderate Harvard School. To the contrary, on every issue the Court has addressed where those two schools are in conflict, the Supreme Court has sided with the Harvard School. It has also sided with sound antitrust economics rather than with formalisms favoring plaintiffs or defendants.
Number of Pages in PDF File: 15
Keywords: antitrust, competition, Supreme Court, Leegin, price-fixing, resale price maintenance, vertical minimum price-fixing, Dr. Miles, Harvard, Chicago, Harvard School, Chicago School, stare decisis, Weyerhaeuser, predatory bidding, predatory buying, oligopolistic coordination, antitrust exemption
JEL Classification: B00, B30, B40, K21, L00, L40
Date posted: August 31, 2007