Should the Government Prosecute Monopolies?
Maurice E. Stucke
University of Tennessee College of Law; The Konkurrenz Group
University of Illinois Law Review, Vol. 2009, No. 2, 2009
University of Tennessee Legal Studies Research Paper No. 79
In the past few years, courts and the Department of Justice have cited approvingly the Court's dicta in Verizon Communications Inc. v. Law Offices of Curtis V. Trinko, LLP. This article analyzes why the economic thinking in Trinko is wrong, and how the Court ignores its precedent involving the Sherman Act's concerns of monopolies' political, social and ethical implications. It responds to the Court's claim that cartel behavior is easier to identify and remedy than monopolistic behavior and proposes an improvement to the Court's current rule of reason standard to reduce the risk of false positives, while enabling the antitrust agencies and courts to remedy more quickly certain monopolistic conduct.
Number of Pages in PDF File: 55
Keywords: Antitrust, Monopolies, Sherman Act, Law & Economics, Dynamic Efficiency, Innovation, Cartels, Oligopolies
JEL Classification: D42, D43, K21, L12, L40, L41, L43, 031
Date posted: April 5, 2008 ; Last revised: October 18, 2009