The Limits of Antitrust

Frank Easterbrook
Additional contact information
Frank Easterbrook: University of Chicago

Ekonomicheskaya Politika / Economic Policy, 2010, vol. 5, 29-41

Abstract: The author argues that that the inhospitality tradition in antitrust has serious costs and causes judges to reject economically beneficial business practices. He also contends that the main alternative to the inhospitality tradition, the rule of reason enunciated by the Supreme Court, does not provide useful guidance to judges in antitrust, because it is completely open-ended and provides no assistance in determining how to weigh the relevant factors. He then proposes his own alternative approach to deciding anti-trust cases. Specifically, he suggests that judges should mimic the approach taken by economists and deploy a series of presumptions — or «filters» - to guide their inquiry. The author believes this would make it easier for businesses to plan their affairs, and also reduce litigation costs.

Keywords: antitrust; inhospitality tradition; rule of reason; presumption (search for similar items in EconPapers)
Date: 2010
References: Add references at CitEc
Citations: View citations in EconPapers (1)

Downloads: (external link)
https://repec.ranepa.ru/rnp/ecopol/1054.pdf

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:rnp:ecopol:1054

Access Statistics for this article

Ekonomicheskaya Politika / Economic Policy is currently edited by Vladimir Mau

More articles in Ekonomicheskaya Politika / Economic Policy from Russian Presidential Academy of National Economy and Public Administration Contact information at EDIRC.
Bibliographic data for series maintained by RANEPA maintainer ().