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Goodreads helps you keep track of books you want to read. Want to Read saving…. Want to Read Currently Reading Read. Other editions. Enlarge cover. Error rating book. Refresh and try again. Open Preview See a Problem? Details if other :. Thanks for telling us about the problem. Return to Book Page. Preview — Antitrust Paradox by Robert H. Shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.
Bork sees antitrust law as a microcosm which reflects the larger movements of our society, such as the tension between liberty and equality. Get A Copy. Paperback , pages. More Details Original Title.
Other Editions 3. Friend Reviews. To see what your friends thought of this book, please sign up. To ask other readers questions about Antitrust Paradox , please sign up. Lists with This Book. Community Reviews. Showing Average rating 3. Rating details. More filters. Sort order. Feb 29, Thom rated it liked it Recommends it for: Any free-thinking individual.
By now, other wise writers have an exposed and thoroughly discredited the tragic unpragmatism of Robert Bork's formalist legal theory. Yet damned if he didn't start to convince me that his views were better as I read the Antitrust Paradox.
Whatever the present utility of his views, Bork makes a formidible and respectable defense of judicial formalism a theory that views the role of the judge as extremely limited. And leaving aside the theoretical expressions and implications of Bork's many wri By now, other wise writers have an exposed and thoroughly discredited the tragic unpragmatism of Robert Bork's formalist legal theory. And leaving aside the theoretical expressions and implications of Bork's many writings, this work is magnificent in the glimpse it provides into the mind of masterful legal thinker.
Although Bork's legal theorizings--and some of his less popular beliefs--are roundly despised both inside and outside legal circles, in The Antitrust Paradox Bork demonstrates his superb skill in the more mundane aspects of legal thinking--evaluating the merit and validity of legal decisions; comparing and criticizing judicial decisions in ways that are empirically, historically, and analytically sound and reliable.
In these tasks, Bork's skills as a lawyer and thinker are beyond reproach. Throughout the first part of the book he deftly reveals the stupidity and dissemblance that pervades much of the Supreme Court's early jurisprudence in Antitrust law.
In doing so, he unfolds an economic analysis of antirtust law that transformed one of the most controversial and baffling areas of law ever developed by human civilization, and in witnessing it the open-minded reader cannot avoid being edified and improved by it. Hate the man, but don't dismiss this work based on his subsequent infamy. This book rightfully deserves its status as a classic of legal thought.
This book's biggest problem is the difficult in when to go fast and when to go slow. I think ultimately it needed to goal slower. The book's biggest substantive problem is that there's a circular-ish assumption that relates to a series of assumptions: everything that businesses do is for profit maximization, profit maximization is good for consumer welfare, and consumer welfare is good for antitrust.
Basically, antitrust is only to a couple of really bad businessmen who try to screw competitors This book's biggest problem is the difficult in when to go fast and when to go slow. Basically, antitrust is only to a couple of really bad businessmen who try to screw competitors even thought it is likely detrimental to them.
There's a weird law-scholar-tic that he cites a lot of people by name because it's important to cite. But the names in the next are kind of distracting. This is very minor. But there's a lot of information here and the position is laid out very strong. I would like to see a counterargument because this is so coherent but the author makes clear that it is not the dominant position of his time. Feb 07, Connor Sullivan rated it did not like it. Jan 02, Kate Mereand-Sinha rated it did not like it.
Originalist Robert Bork wrote an article in that looked at the legislative intent of the Sherman Act to limit the scope of antitrust law in the US.
With his late s book he succeeded in changing an entire field of law. It marks a critical in a turning point in American history. Apr 27, Kate added it Shelves: For all intents and purposes I'm done with this book--I read it cover-to-cover, but I would venture to say that much of it is opaque for those without a background in law. Chapter 7 was the most useful to me.
All in all though, I guess I'll look elsewhere for a good book to provide insight into the DOJ publishing lawsuit. Important book that transformed the nation's antitrust law. I reviewed it positively in the Hartford Courant in the late s upon publication, and have stuck with that view since even as many of the author's other book failed to meet this high level in the years afterward before his passing. Mar 10, Julie rated it liked it Shelves: legal. Classic, even though his use of the term 'consumer welfare' gives me headaches on a daily basis Matthew Raketti rated it really liked it Oct 28, Matthew rated it really liked it May 16, Leif rated it really liked it Nov 04, Kirk Thompson rated it really liked it Jan 21, Rabeux Louise rated it it was amazing Feb 03, David rated it it was amazing Mar 23, Helen rated it really liked it Mar 03, Cecile Lindell rated it it was amazing Jun 09, John McCubbin rated it it was amazing Mar 19, Milad rated it it was amazing Aug 16, Joseph Siskey rated it it was amazing Aug 25, Scott Wood rated it it was amazing Oct 16, Jamie rated it really liked it Jul 23, Chris rated it liked it Nov 05, Tsvetelin Tsonevski rated it it was amazing Feb 22, Jeff rated it really liked it Jan 16, Bob Zuver rated it really liked it Aug 11, Jesse rated it really liked it Aug 30, Zach rated it liked it Dec 07, Eric Zepp rated it it was ok Dec 08, Alan rated it liked it Nov 28, Peter Cimentarov rated it liked it Jan 03, Miguel Sotomayor rated it really liked it Sep 12, There are no discussion topics on this book yet.
Readers also enjoyed. Social Science. About Robert H. Robert H. Robert Heron Bork was an American legal scholar who advocated the judicial philosophy of originalism. Bork ha Robert Heron Bork was an American legal scholar who advocated the judicial philosophy of originalism. Bork had more success as an antitrust scholar, where his once-idiosyncratic view that antitrust law should focus on maximizing consumer welfare has come to dominate American legal thinking on the subject.
Books by Robert H. As dedicated readers already know, some of the best and most innovative stories on the shelves come from the constantly evolving realm of young ad Read more Trivia About Antitrust Paradox
The New Antitrust Paradox
But it stated with offers failing to match its target, it would instead focus on expanding the unit in existing markets. But it comes as a series of Australian mergers and acquisition deals face lower prices, with advisers and bidders having difficulty achieving their desired price tags for assets during the coronavirus crisis. A private equity battle for control of media and entertainment firm Village Roadshow was also expected to see lower pricing. AMP stated it would furnish more details of its business plans along with its half-year results in August.
Data Protection Choices
By Dan Mogin and Jonathan Rubin. A consumer welfare standard that emasculates the antitrust laws in the name of protecting consumers and competition — but which does neither — is an absurdity, inconsistency, or oddity. This antitrust paradox has led to some ambitious pot-stirring by a new wave of antitrust reformers. Here we attempt to put the pieces together with a simplified explanation and suggest a realistic guideline for reformers: go back to the future. United States , U. In other words, as a matter of policy the antitrust laws should protect the competitive process or the marketplace as a whole instead of individual competitors. Brunswick Corp.
Antitrust Paradox: A Policy at War with Itself
The Antitrust Paradox is a book by Robert Bork that criticized the state of United States antitrust law in the s. A second edition, updated to reflect substantial changes in the law, was published in It is claimed that the work is the most cited book on antitrust. Bork argues that the original intent of antitrust laws as well as economic efficiency makes consumer welfare and the protection of competition, rather than competitors, the only goals of antitrust law.