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Conclusion

We have seen overenforcement of antitrust in the 1960s which sometimes
chilled competition through excessive intervention; we have seen underen-
forcement of antitrust in the 1980s when enforcers welcomed combinations
that destroyed competition. We have seen proposals for industrial
planning, which offer managed solutions to the problem of efficiency and
progress.

We believe that there is a coherent view of antitrust that can provide
a significant alternative to the three accessible models -- pervasive trust in
business judgment ( Chicago School), pervasive distrust of bigness (the
Warren Court and the 1960s), and industrial planning ( Japan and MITI).
In this collection, we have tried to present the intellectual and practical
core for such an alternative.

This volume does not offer a single model. It presents no orthodoxy.
Indeed, it reflects a give and take, a self-criticism; it conducts its own
internal dialogue about its strengths and limits. As Judge Wyzanski said of
antitrust in 1953, it does not fit together like "pieces of a jig-saw puzzle"; 1
nor should it.

Rather, what this collection has to offer is a center of gravity built upon
law that is informed by economics. We hope that it will provide a useful
and realistic source of strength and support for antitrust as it enters in its
second century.


NOTE
1. United States v. United Shoe Mach. Corp., 110 F. Supp. 295, 342 (D. Mass. 1953),
aff'd per curiam, 347 U.S. 521 ( 1954).

-538-

Questia, a part of Gale, Cengage Learning. www.questia.com

Publication Information: Book Title: Revitalizing Antitrust in Its Second Century: Essays on Legal, Economic, and Political Policy. Contributors: Harry First - editor, Eleanor M. Fox - editor, Robert Pitofsky - editor. Publisher: Quorum Books. Place of Publication: New York. Publication Year: 1991. Page Number: 538.
    
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