The Antitrust Paradox: A Policy at War With Itself

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 Epilogue By The Author, 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. 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. - Back Cover. New Introduction: The Passing Of The Crisis -- Introduction: The Crisis In Antitrust -- Pt. 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 -- Pt. 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 To Deal. 18. Predation Through Governmental Processes. 19. Tying Arrangements And Reciprocal Dealing. 20. Price Discrimination -- Pt. Iii. Summation. 21. Recommendations. 22. Final Thoughts. Robert H. Bork ; With A New Introduction And Epilogue. Originally Published: New York : Basic Books, C1978. Includes Bibliographical References (p. [455]-468) And Indexes.