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Antitrust (Over-?) Confidence

21 Pages Posted: 25 Jan 2008 Last revised: 6 Nov 2009

Thomas A. Lambert

University of Missouri - School of Law

Joshua D. Wright

George Mason University - Antonin Scalia Law School, Faculty

Date Written: January 25, 2008

Abstract

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.

Suggested Citation

Lambert, Thomas A. and Wright, Joshua D., Antitrust (Over-?) Confidence (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. Available at SSRN: https://ssrn.com/abstract=1086440 or http://dx.doi.org/10.2139/ssrn.1086440

Thomas Andrew Lambert (Contact Author)

University of Missouri - School of Law ( email )

Missouri Avenue & Conley Avenue
Columbia, MO 65211
United States

Joshua D. Wright

George Mason University - Antonin Scalia Law School, Faculty ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States

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