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Antitrust Law : Economic Theory and Common Law Evolution

Antitrust Law : Economic Theory and Common Law Evolution - 03 edition

ISBN13: 978-0521793780

Cover of Antitrust Law : Economic Theory and Common Law Evolution 03 (ISBN 978-0521793780)
ISBN13: 978-0521793780
ISBN10: 0521793785

Cover type: Paperback
Edition: 03
Copyright: 2003
Publisher: Cambridge University Press
Published: 2003
International: No

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Antitrust Law : Economic Theory and Common Law Evolution - 03 edition

ISBN13: 978-0521793780

Keith Hylton

ISBN13: 978-0521793780
ISBN10: 0521793785

Cover type: Paperback
Edition: 03
Copyright: 2003
Publisher: Cambridge University Press
Published: 2003
International: No
Summary

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.

Table of Contents

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

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.

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