Should the Government Prosecute Monopolies?

55 Pages Posted: 5 Apr 2008 Last revised: 18 Oct 2009

Maurice E. Stucke

University of Tennessee College of Law; The Konkurrenz Group

Abstract

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.

Keywords: Antitrust, Monopolies, Sherman Act, Law & Economics, Dynamic Efficiency, Innovation, Cartels, Oligopolies

JEL Classification: D42, D43, K21, L12, L40, L41, L43, 031

Suggested Citation

Stucke, Maurice E., Should the Government Prosecute Monopolies?. University of Illinois Law Review, Vol. 2009, No. 2, 2009; University of Tennessee Legal Studies Research Paper No. 79. Available at SSRN: https://ssrn.com/abstract=1116463

Maurice E. Stucke (Contact Author)

University of Tennessee College of Law ( email )

1505 W. Cumberland Ave.
Knoxville, TN 37996
United States
865-974-9816 (Phone)

HOME PAGE: http://law.utk.edu/people/maurice-stucke/

The Konkurrenz Group ( email )

5335 Wisconsin Ave., NW
Suite 440
Washington, DC 20015
United States

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