Amazons antitrust paradox articleoped in yale law journal. The antitrust paradox is a book by robert bork that criticized the state of united states antitrust law in the s. The theme of former solicitor general bork s book is that the antitrust laws should be concerned with maintaining competition, not with protecting individual competitors. Except when responding to advertisements and sale promotions, the people are stupid.
Bork and a great selection of similar new, used and collectible books available now at great prices. Borks new book is also likely to share another characteristic with the writings of safire, buckley, and the others. The antitrust laws were passed and began to be enforced at a time when americans were going through one of their bouts of especially intense criticism of the nations business structure and practice. A policy at war with itself 1978, robert bork rethought this early antitrust paradigm. The antitrust paradox is the most important book on antitrust ever written. Antitrust paradox conference the federalist society. Congress enacted the sherman act ed the main antitrust act as a consumer welfare. It is claimed that the work is the most cited book on antitrust. In addition to being a retailer, it is now a marketing platform, a delivery and logistics network, a payment service, a credit lender, an auction house, a major book publisher, a producer of. Through the book and the policies advanced in it, judge bork has had a profound impact on antitrust. Review of the antitrust paradox chicago unbound university of. This note argues that the current framework in antitrustspecifically its pegging competition.
The antitrust paradox american enterprise institute aei. Sep 07, 2018 in early 2017, when she was an unknown law student, lina khan published amazons antitrust paradox in the yale law journal. Dec 11, 2019 portrait of lina khan, the author of the yale law journal article, amazons antitrust paradox, at her home in larchmont, new york on july 7th, 2017. In early 2017, when she was an unknown law student, lina khan published amazons antitrust paradox in the yale law journal. In addition to being a retailer, it is now a marketing platform, a delivery and logistics network, a payment service, a credit lender, an auction house, a major book publisher, a producer of television and films, a fashion designer, a hardware manufacturer, and a leading host of cloud server space. The antitrust paradox has become one of the most influential authorities on antitrust policy, changing the landscape of american antitrust law forever. Pages can include considerable notesin pen or highlighterbut the notes cannot obscure the text. Dec 20, 2012 he expanded upon this in articles and the book, the antitrust paradox, in 1978. Important book that transformed the nations antitrust law. The antitrust paradox changed the direction of antitrust law by systematically applying economic analysis to the legal issues that face courts in antitrust litigation. As with borks earlier work, this book will doubtlessly generate controversy. Matt stoller, how democrats killed their populist soul, the atlantic. Since it first appeared in 1978, this seminal work by one of the foremost legal minds of our age has dramatically changed the way the courts view governments role in private affairs. Antitrust scholars have known for many years that robert bork was wrong in his.
In addition to being a retailer, it is now a marketing platform, a delivery and logistics network, a payment service, a credit lender, an auction house, a major book publisher, a producer of television and. This is one of the best antitrust book that contains 479 pages, you can find and read book online or download with isbn 9780029044568. Antitrust paradox robert h bork book written by robert h. Bork the antitrust paradox pdf search for happiness. Argues that recent antitrust suits have produced governmental protection for inefficient small businesses and undermines, rather than protects the consumers. Publication date 1978 topics antitrust law, concurrence, antitrustrecht publisher new york. Bork argued that both the original intention of antitrust laws and economic efficiency was the pursuit only of consumer welfare, the protection of competition rather than competitors.
Lina khan and the hipster antitrust movement the atlantic. Since its publication, the antitrust paradox has been cited by over 100 different united states courts, and its reasoning has. Lucid, highly readable, and full of rich social and political implications, the antitrust paradox illustrates how the purpose and integrity of law. Amazons antitrust antagonist has a breakthrough idea. Antitrust paradox download ebook pdf, epub, tuebl, mobi. It draws on his scholarly contributions to antitrust law and economics over the past decade and extends his approach to the study of antitrust issues to new areas. Jeff rated it really liked it jan 16, scott wood rated it it was amazing oct 16, one of the key criticisms focuses on borks use of the term consumer welfare, which became the stated goal of american antitrust law. Bork has served as solicitor general and acting attorney general of the united states, and as a united states court of appeals judge. Portrait of lina khan, the author of the yale law journal article, amazons antitrust paradox, at her home in larchmont, new york on july 7th, 2017. He argued that the purpose of antitrust laws is not protection of competitors, but protection of consumer welfare through competition. Amazons antitrust antagonist has a breakthrough idea the. This site is like a library, use search box in the widget to get ebook that you want. In the antitrust paradox, bork wrote, the real danger for the law is less that predation will be missed than that normal competitive behavior will be wrongly classified as predatory and suppressed.
Originalist robert bork wrote an article in 1966 that looked at the legislative intent of the sherman act to limit the scope of antitrust law in the us. And leaving aside the theoretical expressions and implications of borks many wri by now, other wise writers have an exposed and thoroughly discredited the tragic unpragmatism of robert borks formalist legal theory. It is a scholarly, yet accessible, examination of the nations antitrust laws, the history. It marks a critical in a turning point in american. Belowcost pricing of bestseller ebooks and the limits of modern recoupment analysis. The theme of former solicitor general bork s book is that the. Amazon is the titan of twentyfirst century commerce. Robert bork, the antitrust paradox valposcholar valparaiso. Leif rated it really liked it nov 04, in these tasks, borks skills as a lawyer and thinker are beyond reproach.
It is a scholarly, yet accessible, examination of the nations antitrust laws, the history and policies behind them, and their application from their inception to today. Now reissued with a new introduction and eiplogue by the author, this classic shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive. Amazons antitrust paradox competition policy international. Aug 04, 2019 the antitrust paradox is a book by robert bork that criticized the state of united states antitrust law in the s. C utting prices in order to increase business often is the. Although the book analyzes economics issues, it is at heartand this accounts for its success in the courtsa legal book. Aug 01, 2019 the antitrust paradox is a book by robert bork that criticized the state of united states antitrust law in the s. David streitfeld, a new book portrays amazon as bully, n. Three years later, in january 2017, she published the result of that study, amazons antitrust paradox, in the yale law journal.
Jun 22, 2018 in 1978, judge robert bork published the book the antitrust paradox. Antitrust paradox robert h bork download or read online. The antitrust paradox is a 1978 book by robert bork that criticized the state of united states antitrust law in the 1970s. Through the book and the policies advanced in it, judge. Robert bork fundamentally changed the field of antitrust law with the publication of his book the antitrust paradox in 1978. Shows how antitrust suits adversely affect the consumer by encoura. Antitrust paradox is an important contribution to the antitrust dialogue. On the contrary, it has been growing in its hospitable shade like a slightly poisonous variety of mushroom. With his late 1970s book he succeeded in changing an entire field of law. He expanded upon this in articles and the book, the antitrust paradox, in 1978.
Everyday low prices and free delivery on eligible orders. Bork, former solicitor general of the united states and now professor of law at yale, argues that while public attention has waxed and mostly waned, antitrust itself has not been languishing. Antitrust paradox book also available for read online, mobi, docx and mobile and kindle reading. Shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses. Download antitrust paradox in pdf and epub formats for free. Bork relesead on 199301 and published by free press. 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. With a single scholarly article, lina khan, 29, has reframed. In 1978, judge robert bork published the book the antitrust paradox. The central, pragmatic thesis of bork is maximization of consumer welfare also called economic efficiency and not the protection of small businesses in addressing any antitrust issue. 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. In addition to being a retailer, it is now a marketing platform, a delivery and logistics network, a payment service, a credit lender, an auction house, a major book publisher, a producer of television and films, a fashion. The books primary themes were that antitrust doctrine should be concerned only with economic efficiency which bork termed consumer welfare and that antitrust law had come untethered from efficiency. Bork sees antitrust law as a microcosm which reflects the larger movements of our society, such as the tension between liberty and equality.
A second edition, updated to reflect substantial changes in the law, was published in 1993. Click download or read online button to get antitrust paradox book now. The paradox how robert bork won the fight over the very meaning of competition in america, and paved the way for some of the biggest companies weve ever seen. Tsvetelin tsonevski rated it it was amazing feb 22, miguel sotomayor rated it really liked it sep 12, by now, other wise writers have an exposed and thoroughly discredited the tragic unpragmatism of robert borks formalist legal. Amazons antitrust paradox yale law school legal scholarship.
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