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Books : Nonfiction : Law : Business : Antitrust
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"Free the West Memphis Three." Maybe you've heard the phrase.
But do you know why their story is so alarming?
Do you know the facts?
The guilty verdicts handed out to three Arkansas teens in a horrific capital murder case were popular in their home state -- even upheld on appeal. But after two HBO documentaries called attention to the witch-hunt atmosphere at the trials, artists and other supporters raised concerns about the accompanying lack of evidence. Now, award-winning journalist Mara Leveritt provides the most comprehensive look yet into this endlessly shocking case.
For weeks in 1993, after the murders of three eight-year-old boys, police in West Memphis, Arkansas, seemed stymied. Then suddenly, detectives charged three teenagers -- alleged members of a satanic cult -- with the killings. Despite stunning investigative blunders, a confession riddled with errors, and an absence of physical evidence linking any of the accused to the crime, the teenagers were tried and convicted. Jurors sentenced Jason Baldwin and Jessie Misskelley to life in prison. They sentenced Damien Echols, the accused ringleader, to death. Ten years later, all three remain in prison. Here, Leveritt unravels this seemingly medieval case and offers close-up views of its key participants, including one with an uncanny knack for evading the law....
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Gilbert Law Summaries are America’s best selling outlines and have set the standard for excellence since they were introduced more than thirty-five years ago. It’s Gilbert’s unique combination of features that makes it the one study aid you’ll turn to for all of your study needs! Walk into class prepared with a comprehensive outline of the law, a concise capsule summary perfect for a quick review before class, charts of every kind, a text correlation chart so that you can match your specific reading assignment to the relevant pages in the Gilbert outline, and an index and table of cases. Ace your final exams with a step-by-step approach to attack your exam, exam tips, and sample multiple choice, true-false, and essay questions.
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Reliable guide on antitrust law. Special attention is given to the expanded role of evidentiary standards and the procedural screens in determining litigation outcomes. A look into recent revisions of public enforcement, immunity-related doctrines, and government intervention is also included.
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How the Chicago School Overshot the Mark is about the rise and recent fall of American antitrust. It is a collection of 15 essays, almost all expressing a deep concern that conservative economic analysis is leading judges and enforcement officials toward an approach that will ultimately harm consumer welfare.
For the past 40 years or so, U.S. antitrust has been dominated intellectually by an unusually conservative style of economic analysis. Its advocates, often referred to as "The Chicago School," argue that the free market (better than any unelected band of regulators) can do a better job of achieving efficiency and encouraging innovation than intrusive regulation. The cutting edge of Chicago School doctrine originated in academia and was popularized in books by brilliant and innovative law professors like Robert Bork and Richard Posner. Oddly, a response to that kind of conservative doctrine may be put together through collections of scores of articles but until now cannot be found in any one book. This collection of essays is designed in part to remedy that situation.
The chapters in this book were written by academics, former law enforcers, private sector defense lawyers, Republicans and Democrats, representatives of the left, right and center. Virtually all agree that antitrust enforcement today is better as a result of conservative analysis, but virtually all also agree that there have been examples of extreme interpretations and misinterpretations of conservative economic theory that have led American antitrust in the wrong direction. The problem is not with conservative economic analysis but with those portions of that analysis that have "overshot the mark" producing an enforcement approach that is exceptionally generous to the private sector. If the scores of practices that traditionally have been regarded as anticompetitive are ignored, or not subjected to vigorous enforcement, prices will be higher, quality of products lower, and innovation diminished. In the end consumers will pay.
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Departing from the traditional emphasis on institutions, this text emphasizes the use of economic theory and empirical analysis to understand regulatory and antitrust policies. Questions addressed include: What are the market failure rationales for, and appropriate form of, government intervention? What does theory show about competition in the presence of a market failure and the implications of government intervention to correct that failure? What do empirical analyses indicate about our regulatory experience and the direction of future intervention?
The third edition addresses many issues that have recently dominated the economic and political landscape. New material reviews the government's case against Microsoft, charges of anticompetitive pricing in NASDAQ and airlines, the blocked Staples-Office Depot merger, and the Telecommunications Act of 1996. This edition also covers the deregulation of the California electric power industry as well as recent deregulatory efforts in bank branching and natural gas transmission. On the social regulatory scene, it covers in detail recent cigarette litigation and the contentious issue of the contingent valuation of natural resource damages, as exemplified in the Exxon Valdez oil spill. New empirical evidence appears throughout the book.
Each part of the text can be used separately for a variety of courses including regulation and antitrust in undergraduate institutions, business schools, and schools of public policy, as well as background for doctoral courses. Exercises are included at the end of each chapter.
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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.
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Antitrust law regulates economic activity but differs in its operation from what is traditionally considered "regulation." Where regulation is often industry-specific and involves the direct setting of prices, product characteristics, or entry, antitrust law focuses more broadly on maintaining certain basic rules of competition. In these lectures Michael Whinston offers an accessible and lucid account of the economics behind antitrust law, looking at some of the most recent developments in antitrust economics and highlighting areas that require further research. He focuses on three areas: price fixing, in which competitors agree to restrict output or raise price; horizontal mergers, in which competitors agree to merge their operations; and exclusionary vertical contracts, in which a competitor seeks to exclude a rival.
Antitrust commentators widely regard the prohibition on price fixing as the most settled and economically sound area of antitrust. Whinston's discussion seeks to unsettle this view, suggesting that some fundamental issues in this area are, in fact, not well understood. In his discussion of horizontal mergers, Whinston describes the substantial advances in recent theoretical and empirical work and suggests fruitful directions for further research. The complex area of exclusionary vertical contracts is perhaps the most controversial in antitrust. The influential "Chicago School" cast doubt on arguments that vertical contracts could be profitably used to exclude rivals. Recent theoretical work, to which Whinston has made important contributions, instead shows that such contracts can be profitable tools for exclusion. Whinston's discussion sheds light on the controversy in this area and the nature of those recent theoretical contributions.
Sponsored by the Universidad Torcuato Di Tella
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When it was first published a quarter of a century ago, Richard Posner's exposition and defense of an economic approach to antitrust law was a jeremiad against the intellectual disarray that then characterized the field. As other perspectives on antitrust law have fallen away, Posner's book has played a major role in transforming the field of antitrust law into a body of economically rational principles largely in accord with the ideas set forth in the first edition. Today's antitrust professionals may disagree on specific practices and rules, but most litigators, prosecutors, judges, and scholars agree that the primary goal of antitrust laws should be to promote economic welfare, and that economic theory should be used to determine how well business practices conform to that goal.
In this thoroughly revised edition, Posner explains the economic approach to new generations of lawyers and students. He updates and amplifies his approach as it applies to the developments, both legal and economic, in the antitrust field since 1976. The "new economy," for example, has presented a host of difficult antitrust questions, and in an entirely new chapter, Posner explains how the economic approach can be applied to new industries such as software manufacturers, Internet service providers, and those that provide communications equipment and services.
"The antitrust laws are here to stay," Posner writes, "and the practical question is how to administer them better-more rationally, more accurately, more expeditiously, more efficiently." This fully revised classic will continue to be the standard work in the field.
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The Antitrust Revolution: Economics, Competition, and Policy, 4/e, examines the critical role of economic analysis in recent antitrust case decisions and policy. The book consists of economic studies of twenty of the most significant antitrust cases of recent years, fourteen of them new to this edition and six updated from the third edition. These cases include alleged anticompetitive practices by Microsoft, Intel, and American Airlines; mergers-proposed or consummated-by AOL and TimeWarner, GE and Honeywell, MCI WorldCom and Sprint, and BP Amoco and ARCO; and other competitive issues such as bid rigging on school milk contracts, professional sports league practices, prescription drug pricing, and vertical restraints by manufacturers in regard to distributors. New overview essays precede the four sections of the book: Horizontal Structure, Horizontal Practices, Vertical and Related Market Issues, and Network Issues.
Commissioned and edited by John E. Kwoka and Lawrence J. White, the case studies are written by prominent economists who participated in the proceedings. These economists were responsible for helping to formulate the economic issues, undertake the necessary economic research, and offer the economic arguments in court. As a result, they are uniquely qualified to describe and analyze the cases. Fully updated with the most current examples, this volume provides detailed and comprehensive insight into the central role that is now played and will continue to be played by economics and economists in the antitrust process. The Antitrust Revolution, 4/e, is ideal for undergraduate and graduate classes in industrial organization, government policy, and antitrust/regulation law and economics. It is also a useful reference book for lawyers and economists--both academics and practitioners--who are interested in the types of economic analyses that have been applied in recent antitrust cases.
A companion website is now available at www.oup.com/antitrustrevolution. New to the fourth edition, the site features cases from the previous three editions.
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Sweeping yet succinct, the Fourth Edition of this Black Letter surveys the entire field of federal antitrust law, including monopolization and attempt to monopolize; cartels and joint ventures, horizontal, vertical, and potential competition mergers; all vertical restraints, including resale price maintenance and nonprice restraints, exclusive dealing, and tying. Completely updated with all Supreme Court and significant lower court decisions through 2004, Black Letter Outline on Antitrust also includes expanded practice exam questions and answers.
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Richard Whish's Competition Law is the definitive textbook on this subject. The author's authoritative treatment of the area is matched by a lively and easy-to-follow writing style, making this book an indispensable resource for undergraduate and postgraduate law and economics students, as well as for practitioners and officials involved in competition law.
Explaining the economic context within which competition law operates in the UK, EC and internationally, Whish looks at the constituent parts of the law and analyses how they affect particularly commercial phenomena. Key aspects are examined in detail, including mergers, horizontal and vertical agreements, the Abuse of Dominance, Intellectual Property and the obligations of Member States under the EC. The book also scrutinizes fundamental Acts and Articles - Competition Act 1998; Enterprise Act 2002; Articles 81 and 82 - providing readers with context, consequences and an overview of how these are applied in practice. This book is essential reading for students, practitioners and officials seeking a respected, reliable, intelligent and critical approach to competition law.
This edition:
Contains new text on the EC Merger Regulation and the Technology Transfer Regulation of 2004
Reflects upon the Commission's discussion paper on Article 82
Provides a wider picture of the EC Modernization Regulation
Offers a fuller discussion of UK market investigation and merger control now that the Enterprise Act has been in force for four years
Online Resource Centre
The Online Resource centre that accompanies this edition of the book contains articles written by the author, forthcoming chapters from the book, and updates to the law post-publication.
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When it was first published a quarter of a century ago, Richard Posner's exposition and defense of an economic approach to antitrust law was a jeremiad against the intellectual disarray that then characterized the field. As other perspectives on antitrust law have fallen away, Posner's book has played a major role in transforming the field of antitrust law into a body of economically rational principles largely in accord with the ideas set forth in the first edition. Today's antitrust professionals may disagree on specific practices and rules, but most litigators, prosecutors, judges, and scholars agree that the primary goal of antitrust laws should be to promote economic welfare, and that economic theory should be used to determine how well business practices conform to that goal.
In this thoroughly revised edition, Posner explains the economic approach to new generations of lawyers and students. He updates and amplifies his approach as it applies to the developments, both legal and economic, in the antitrust field since 1976. The "new economy," for example, has presented a host of difficult antitrust questions, and in an entirely new chapter, Posner explains how the economic approach can be applied to new industries such as software manufacturers, Internet service providers, and those that provide communications equipment and services.
"The antitrust laws are here to stay," Posner writes, "and the practical question is how to administer them better-more rationally, more accurately, more expeditiously, more efficiently." This fully revised classic will continue to be the standard work in the field.
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Edwin S. Rockefeller, drawing on 50 years experience with the antitrust laws, offers an explanation for their enduring irrationality. He questions whether any sense can be made of our antitrust statutes and their enforcement.
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Offers a detailed and comprehensive treatment of basic rules, princilpes and issues relating to United States antitrust law. Completely updated with all SupremeCourt and important lower court decisions through 2004. Enlarged sections on monopolization, proof of collusion, and mergers.
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This new casebook presents a globalized approach to antitrust law and provides an understanding of the main antitrust regimes that apply throughout the world today. Whether in business, law, or government, we can no longer content ourselves with understanding only the antitrust and competition law of one nation. The authors present a truer picture of the overall regime of competition law that now faces multinational market players through a combination of laws from varying nations in actual application. The authors have structured the book to enhance a teacher's ability to take a modular approach. Thus, depending on the assignments the teacher wishes to make out of the book, the book can be used to either: (a) to replace the basic Antitrust course with a course fully covering the relevant US and EC laws that regulate global market conduct, (b) to teach a course that fully covers U.S. antitrust law and adds only readings on selected topics in EC competition law, or (c) to teach an advanced course in EC competition law.
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After thirty years, the debate over antitrust's ideology has quieted. Most now agree that the protection of consumer welfare should be the only goal of antitrust laws. Execution, however, is another matter. The rules of antitrust remain unfocused, insufficiently precise, and excessively complex. The problem of poorly designed rules is severe, because in the short run rules weigh much more heavily than principles. At bottom, antitrust is a defensible enterprise only if it can make the microeconomy work better, after accounting for the considerable costs of operating the system.
The Antitrust Enterprise is the first authoritative and compact exposition of antitrust law since Robert Bork's classic The Antitrust Paradox was published more than thirty years ago. It confronts not only the problems of poorly designed, overly complex, and inconsistent antitrust rules but also the current disarray of antitrust's rule of reason, offering a coherent and workable set of solutions. The result is an antitrust policy that is faithful to the consumer welfare principle but that is also more readily manageable by the federal courts and other antitrust tribunals.
(20060601)
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The American Antitrust Institute (AAI) was founded in 1998 as an independent, nonprofit education, research, and advocacy organization. Celebrating its tenth anniversary during the important 2008 presidential campaign, the AAI determined to utilize this year to generate an integrated vision for re-energizing competition policy in the United States. Ours is a vision that departs in substantial ways from the outlook that has driven competition policy for much of the past generation. We offer it to the next administration without presupposition as to which party will control Congress or who the President will be. Traditionally, the ideal of competition as the preferred regulator of business behavior has enjoyed bipartisan support, beginning with the introduction of the Sherman Act in 1890 by a Republican and its signing into law by a Republican. But interpretations of what constitutes healthy competition and priorities for enforcement have varied over time, sometimes dramatically. Indeed, there have been periods of war or depression when the ideal of competition has been eclipsed by other priorities and policies. Yet, time and again, the ideal has been rejuvenated - by both Republicans and Democrats. We argue that we should now be entering a period of reinterpretation and rejuvenation. This Report is the edited product of a set of committees formed in the fall of 2007. The committee chairs and participants are all members of the AAI's Advisory Board. The Report consists of ten chapters and an introduction to competition policy and the philosophy behind the Report. The first set of chapters examines substantive areas of antitrust law and economics, including cartel enforcement, monopolization, merger policy, and a relative newcomer to antitrust discourse, buyer power. The following chapters then offer prescriptions for building the institutions of public enforcement and restoring the legitimacy of private enforcement. Finally, the report concludes with four chapters devoted to several of the key economic sectors in which competition policy issues are currently important: media, food, health, and energy. Together, these sectors account for more than one-third of the national economy.
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This set of audiocassettes includes a 6 hour lecture on Antitrust law and a 11 page handout.For the Law School Legends Audio Series, we found the truly gifted law school professors most law students can only dream about - the professors who draw rave reviews not only for their scholarship, but for their ability to make the law easy to understand. We asked these select few professors to condense their courses into a single lecture. And it’s these lectures you’ll find in the Law School Legends Audio Series. With Law School Legends, you’ll get a brilliant law professor explaining an entire subject to you in one simple, dynamic lecture.
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The problem of pirating and counterfeiting has grown from small-scale imitations of Levi’s jeans and Zippo lighters to a phenomenon that costs the United States an estimated $200 billion dollars per year. Pirated DVDs, computer software, designer clothes, and machinery flood global markets, inflicting heavy losses on U.S. businesses, while counterfeit medicines, auto and aircraft parts, and baby formula regularly cause fatalities around the world. The theft of artistic and scientific creation is draining our economy. It is the great economic crime of the twenty-first century.
Pat Choate, the author of the best-selling Agents of Influence, examines the roots of conflicts over intellectual property and how the establishment of patent and copyright protections helped propel the American economy. He interweaves the stories of Eli Whitney, Alexander Graham Bell, and Thomas Edison to illustrate how the United States transformed itself from a largely agricultural society into a manufacturing, scientific, and technological superpower, giving rise to further copyright and patent protection laws. He traces the emergence of Germany, Japan, and China as rivals to American primacy through copying, counterfeiting, and underpricing American products and media. He reveals the shockingly meager effectiveness of current efforts to defend American businesses, inventors, and artists from corporate espionage. And he sounds a powerfully convincing warning that the general indifference of our government toward the security of American intellectual property is already affecting job security and the economy in general (an estimated $24 billion is lost each year to pirated films, music recordings, books, and other merchandise in China alone).
Hot Property is an impassioned, clear-eyed, and sound assessment of one of the most serious problems facing the American economy today, certain to be one of the most widely discussed books of the year.
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The stated purpose of antitrust laws is to protect competition and the public interest. But do such laws actually restrict the competitive process, harming consumers and serving the special interests of a few politically-connected competitors?Is antitrust law a necessary defense against the predatory business practices of wealthy, entrenched corporations that dominate a market? Or does antitrust law actually work to restrain and restrict the competitive process, injuring the public it is supposed to protect? In this breakthrough study, Professor Armentano thoroughly researches the classic cases in antitrust law and demonstrates a surprising gap between the stated aims of antitrust law and what it actually accomplishes in the real world. Instead of protecting competition, Professor Armentano finds, antitrust law actually protects certain politically-favored competitors. This is an essential work for anyone wishing to understand the limitations and problems of contemporary antitrust actions.