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Harvard, Not Chicago: Which Antitrust School Drives Recent Supreme Court Decisions?

Harvard Law and Economics Discussion Paper No. 594

Competition Policy International, Vol. 3, No. 2, Autumn 2007

15 Pages Posted: 31 Aug 2007  

Einer Elhauge

Harvard Law School

Abstract

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.

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

Suggested Citation

Elhauge, Einer, Harvard, Not Chicago: Which Antitrust School Drives Recent Supreme Court Decisions?. ; Competition Policy International, Vol. 3, No. 2, Autumn 2007. Available at SSRN: https://ssrn.com/abstract=1010769

Einer R. Elhauge (Contact Author)

Harvard Law School ( email )

1575 Massachusetts
Hauser 406
Cambridge, MA 02138
United States

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