By Richard A. Epstein
For over 100 years, the antitrust consent decree has been a tremendous weapon within the federal enforcement of antitrust legislation. In Antitrust Consent Decrees in conception and Practice, Richard A. Epstein undertakes the 1st systematic learn in their use and effectiveness from either a historic and analytical perspective.
Epstein observes how changes in antitrust philosophy can form the types of entire settlements that the govt will search and the courts will furnish. Epstein takes factor with competitive antitrust enforcement suggestions that search to take advantage of executive strength to essentially regulate buildings or the enterprise practices of regulated enterprises, in a few cases resulting in their breakup. to give an explanation for the perils of that process, Epstein conscientiously examines the historical past of consent decree litigation, culminating in exact stories of the AT&T breakup and the govt. antitrust activities opposed to Microsoft.
Applying glossy theories of antitrust research, Epstein's principal thesis is that daring antitrust treatments that aren't tightly tied to a defensible idea of wrongful behavior usually turn out counterproductive. Such measures often strength enterprises to undertake company practices and structural reorganizations that considerably bog down their skill to compete successfully on the market. The disparate fates of AT&T and Microsoft are the results of an immense and fruitful shift in pondering the use and boundaries at the antitrust legislation in a wide selection of business contexts.
Antitrust Consent Decrees in thought and Practice may be of curiosity to any reader who's fascinated about the bigger implications of the govt. legislation of legislations and company. Epstein brings approximately 40 years of non-public wisdom and adventure to this subject. Written in a transparent and nontechnical sort, this ebook may still turn out a useful source to any pupil of legislation and monetary coverage, in addition to legal professionals and policymakers fascinated with antitrust litigation.
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Additional info for Antitrust Consent Decrees in Theory and Practice: Why Less Is More
The same is true of the other members of the cartel, especially Armour & Co. Each of the firms is allowed to compete separately in the meat businesses in which they held separately large market shares. Yet none are allowed to enter any new markets in which they have a negligible market share. It is easy to see what is going on here by looking at the caption of the second suit consolidated with the claim of the United States: National Wholesale Grocers Association v. ”14 These organizations had obvious anticompetitive motives to keep the meat companies off their turf.
People who are willing to pay more for an ASCAP minute under a blanket license have to pay more under the program license as well. The SAFJ also adopts the use of a multiple, but its base does not contain only the ASCAP music that comes through ASCAP; it contains all CASE STUDIES 39 music the licensee receives from ASCAP members, no matter how acquired. Thus, suppose, as before, that 20 percent of the total broadcast content comes through ASCAP, but an additional 30 percent of ASCAP broadcast content comes from outside licenses.
The erratic constitutional protection of intellectual property was evident even in the supposedly pro-property era of the pre–New Deal Court. With these preliminaries to one side, the case turned to the main antitrust event. Justice Day did not examine whether efficiency arguments that had been made for the lease restrictions negated their adverse competitive effect. Nor did he make any predictions about the impact of the mandated change in leasing provisions on the overall structure of the shoe machinery market or United Shoe’s share of that market.
Antitrust Consent Decrees in Theory and Practice: Why Less Is More by Richard A. Epstein