Antitrust Law: Economic Theory and Common Law Evolution

ISBN-13: 9780521790314 / Angielski / Twarda / 2003 / 430 str.

Keith N. Hylton (Boston University)

Opis

This book consolidates several different perspectives on antitrust law. First, Keith Hylton presents a detailed description of the law as it has developed through numerous judicial opinions. Second, he presents detailed economic critiques of the judicial opinions, drawing heavily from law and economics journals. Third, he integrates a jurisprudential perspective that views antitrust as a vibrant field of common law. This last perspective leads him to address issues of certainty, stability, and predictability in antitrust law, and to examine the pressures shaping its evolution.

Recenzje

'Hylton's text provides an excellent account of antitrust and common law evolution. He extracts the essence of the landmark antitrust decisions to demonstrate their legal evolution in a very efficient way. His use of economics is not only appropriate to the subject matter; it is also appropriate for student readership in law and economics. The writing is clear and concise.' Roger D. Blair, University of Florida

Spis treści

Part I. Economics: 1. Definitions; 2. Perfect competition versus monopoly; 3. Further topics; Part II. Law and Policy: 4. Some interpretations issues; 5. Enacting the antitrust law; 6. What should antitrust law aim to do?; Part III. Enforcement: 7. Optimal enforcement theory; 8. Enforcement provision of the antitrust laws; Appendix; Part IV. Cartels: 9. Cartels; 10. Conscious parallelism; 11. Conclusion; Part V. Development of Section 1 Doctrine: 12. The Sherman act versus the common law; 13. Rule of reason and per se rule; 14. Conclusion; Part VI. Rule of Reason and Per Se Rule: 14. The case for price-fixing; 15. Per se and rule of reason analysis: further developments; 16. Per se versus rule of reason tests: understanding the Supreme Court's justification for the per se rule; Part VII. Agreement: 17. The development of inference doctrine; 18. Rejection of unilateral contract theory; Part VIII. Facilitating Mechanisms: 19. Data dissemination cases; 20. Basing point pricing and related practices; 21. Basing point pricing: economics; Part IV. Boycotts: 22. Pre-Socony; 23. Post-Socony; 24. Post-BMI/Sylvania; 25. Conclusion; Part X. Monopolization: 26. Development of section 2 doctrine; 27. Leveraging and essential facility cases; 28. Predatory pricing; 29. Conclusion; Part XI. Power: 30. Measuring market power; 31. Determinants of market power; 32. Substitutability and the relevant market: cellophane; 33. Multi-market monopoly and the relevant market: Alcoa; 34. Measuring power: guidelines; Part XII. Attempts: 35. The Swift formula and modern doctrine; 36. Dangerous probability requirement; Part XIII. Vertical Restraints: 37. Resale price maintenance; 38. Vertical non-price restraints; 39. Manufacturer retains title; 40. Agreement; Part XIV. Tying and Exclusive Dealing: 41. Introduction; 42. Early cases; 43. Development of the per se rule; 44. Tension between rule of reason arguments and per se rule; 45. Technological tying; 46. Exclusive dealing; Appendix; 47. Horizontal Mergers: 48. Reasons for merging and implications for law; 49. Horizontal merger law; 50. Conclusion; Appendix; Part XV. Mergers, Vertical and Conglomerate: 51. Vertical mergers; 52. Conglomerate mergers; 53. Concluding remarks; Part XVI. Antitrust and the state: 54. Noerr-Pennington doctrine; 55. Parker doctrine.