Reforming Antitrust

Law › Antitrust / Competition Law

Reforming Antitrust

By Alan J. Devlin
Cambridge University Press August 2021

Specifications

ISBN-13
9781316518342
Publisher
Cambridge University Press
Publication
August 2021
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Industrial consolidation, digital platforms, and changing political views have spurred debate about the interplay between public and private power in the United States and have created a bipartisan appetite for potential antitrust reform that would mark the most profound shift in US competition policy in the past half-century. While neo-Brandeisians call for a reawakening of antitrust in the form of a return to structuralism and a concomitant rejection of economic analysis founded on competitive effects, proponents of the status quo look on this state of affairs with alarm. Scrutinizing the latest evidence, Alan J. Devlin finds a middle ground. US antitrust laws warrant revision, he argues, but with far more nuance than current debates suggest. He offers a new vision of antitrust reform, achieved by refining our enforcement policies and jettisoning an unwarranted obsession with minimizing errors of economic analysis.

Table of Contents

Introduction
Part I. Antitrust Today:
1. Competition Law's role
2. Antitrust – Fact, fiction, and the unknown
3. The missing link – concentration and market power
Part II. The Case for Change:
4. Warning signs in the economy – has competition declined?
5. A liberal call to arms, but is deconcentration the answer?
6. Testing the neo-brandeisian vision
Part III. Antitrust Reform:
7. Taking a finger off the scale – revisiting decision theory
8. Rethinking the consumer-welfare standard
9. The antitrust evolution
Conclusion. Key recommendations
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