Heinrich Kronstein and the Development of United States Antitrust Law
Der Einfluß deutscher Emigranten auf die Rechtsentwicklung in den USA und in Deutschland (Marcus Lutter et al. eds., Mohr Siebeck 1993)
15 Pages Posted: 23 Jul 2013
Date Written: 1993
In treating Heinrich Kronstein's influence on United States antitrust law, we encounter a situation quite different from many other in which German emigre jurists operated. In areas such as contracts, torts or private international law, German experience was rich and varied, providing a trove of insights and analytical tools. In contrast, German experience with competition law was of recent origin and limited importance in comparison with United States antitrust law experience. This meant that few emigres and very few Americans knew much about German competition law experience, and it also meant that German experience had less to teach in this area of law than in many other areas. These factors were of central importance in sculpting the roles Heinrich Kronstein was to play in the development of U.S. antitrust law.
Before attempting to appreciate Kronstein's influence on the development of United States antitrust law, we need to know something about the man, his base of knowledge, his values and his objectives in regard to antitrust law. After reviewing some of these factors, I will briefly describe the context in which Kronstein was operating and then review his contributions and his influence.
Keywords: antitrust law, competition law, international law, comparative law, Germany, United States, Heinrich Kronstein
JEL Classification: K19, K21, K33, K42
Suggested Citation: Suggested Citation