Revitalizing Antitrust in Its Second Century: Essays on Legal, Economic, and Political Policy

By Harry First; Eleanor M. Fox et al. | Go to book overview

Chapter 26
Business Judgment v. Antitrust Justice--The Forgotten Private Plaintiff

Stephen D. Susman

Concern over our ability to compete in the world economy and a belief that bigness is necessary to compete have become the backdrop to every debate over the scope of the antitrust laws. We must, however, acknowledge the damage that has already been done to the antitrust laws in the name of efficiency and world competition. We have sold the soul of competition to the devil, no question about that. As for the devil, there are several to choose from: The Chicago School, certain opinions of the Supreme Court, and the Reagan Administration's antitrust policies are chief among them. Even to those of us who have never sinned, heaven seems a long way away in today's antitrust climate.

This commentary begins with a discussion of the changes the Supreme Court has already made in the interpretation of the antitrust laws and then argues that further erosion of antitrust protection is unwarranted. These changes have resulted in part from a belief that our economic position in the world economy will be improved if only we water down the antitrust laws. Antitrust doctrine is changing because of such new assumptions, perhaps better described as prejudices, about bigness, efficiency, and world competition, which have made the courts, including the Supreme Court, receptive to conservative economic thinking. The Court is becoming more concerned about protecting the freedom of large corporations to implement their economic decisions than with the core antitrust concerns of consumer welfare and avoiding the concentration of economic and political power.


I
Taking Cases from the Jury And Giving Them to the Chicago School: The Damage Done in Recent Supreme Court Cases

To those of us who practice in the trenches, the changes in recent years

-519-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Revitalizing Antitrust in Its Second Century: Essays on Legal, Economic, and Political Policy
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 550

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.