In the past decade, a new picture of the antitrust landscape has begun to emerge. The dominant emphasis of the ever more popular view concerns the ascendance of economics in antitrust decision- making and doctrine, particularly in Supreme Court adjudication, which is leading the way for the lower courts. Moreover, it is not just economic analysis in the abstract that supposedly has come to the forefront but the strand of economic argument associated with the Chicago School. The new insight thought to be contained in this brand of economic analysis is allegedly responsible for the doctrinal shifts that generally have narrowed the scope of antitrust liability.
. . .
Simply observing a broader context [of Supreme Court deci- sionmaking where parallel shifts are taking place]--which is vir- tually never to be seen even in the footnotes of most recent commentary concerning these developments in antitrust--is suf- ficient to cast serious doubt on the explanation based on the Su- preme Court's recent learning of economics, Chicago style. Nor can the simple story be rescued through a broader claim suggesting
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Reprinted from 50/4 Law & Contemp. Probs. 181 ( 1987).
-238-
Questia, a part of Gale, Cengage Learning. www.questia.com
Publication Information: Book Title: The Political Economy of the Sherman Act: The First One Hundred Years. Contributors: E. Thomas Sullivan - editor. Publisher: Oxford University Press. Place of Publication: New York. Publication Year: 1991. Page Number: 238.
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