Since it first appeared in 1978, this seminal work by one of the foremost American legal minds of our age has dramatically changed the way the courts view government's role in private affairs. Now reissued with a new introduction and foreword, this classic shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses. Robert Bork's view of antitrust law has had a profound impact on how the law has been both interpreted and applied. Lucid, highly readable, and full of rich social and political implications, The Antitrust Paradox illustrates how the purpose and integrity of law can be subverted by those who do not understand the reality law addresses or who seek to make it serve unintended political and social ends.
Author(s): Robert H. Bork
Publisher: Basic Books
Year: 1978
Front cover
Contents
Preface
Acknowledgments
Introduction: The crisis in antitrust
PART I - THE THEORY
1. The Historical Foundations of Antitrust Policy
2. The Goals of Antitrust: The Intentions of Congress
3. The Goals of Antitrust: The Responsibility of the Courts
4. Business Behavior and the Consumer Interest: Some Rudiments of Theory
5. The Consumer Welfare Model
6. The Method of Antitrust Analysis
7. Injury to Competition: The Law's Basic Theories
PART II - THE LAW AND THE POLICY
8. Monopoly and Oligopoly: The Problem of Horizontal Size by Internal Growth
9. The Crash of Merger Policy: The Brown Shoe Decision
10. Horizontal Mergers
11. Vertical Mergers
12. Conglomerate Mergers
13. Horizontal Price Fixing and Market Division
14. Resale Price Maintenance and Vertical Market Division
15. Exclusive Dealing and Requirements Contracts
16. "Barriers to Entry"
17. Boycotts and Individual Refusals lo Deal
18. Predation Through Governmental Processes
19. Tying Arrangements and Reciprocal Dealing
20. Price Discrimination
PART III - SUMMATION
21. Recommendations
22. Final Thoughts
Appendix to chapters 13 & 14
Notes
Index of cases
Subject index
