ESSAYS IN HONOR OF JUDGE ROBERT H. BORK: I. COMPETITION LAW AND THE FREE MARKET: The Antitrust Paradox: A Policy at War with Itself: THE CHICAGO SCHOOL AND EXCLUSIONARY CONDUCT Skip over navigation
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Copyright (c) 2008 Harvard Society for Law & Public Policy, Inc.
Harvard Journal of Law & Public Policy

ESSAYS IN HONOR OF JUDGE ROBERT H. BORK: I. COMPETITION LAW AND THE FREE MARKET: The Antitrust Paradox: A Policy at War with Itself: THE CHICAGO SCHOOL AND EXCLUSIONARY CONDUCT

Spring, 2008

Harvard Journal of Law & Public Policy

31 Harv. J.L. & Pub. Pol'y 439

Author

FRANK H. EASTERBROOK *

Excerpt

One panel is not remotely enough to discuss Robert Bork's contributions to antitrust, or even a small portion of his magnum opus, The Antitrust Paradox. 1 The essayists on this panel have carved off just a few slices. Mine is exclusionary practices--predatory pricing, refusals to deal, tying, and many related practices that are said to make entry difficult and thus reduce the number of rivals. This is a subject on which much of what was deemed outre when Bork wrote is now settled doctrine at the Supreme Court and the normal way of thinking at the Antitrust Division and FTC. When Bob Bork was a nominee for Solicitor General, Senators insisted that he promise not to impose his views on the Antitrust Division. He represented the Division's views faithfully during his time. Today a nominee to the Antitrust Division is apt to be asked for assurances that he will implement Bork's views.

Bob Bork is a product of the Chicago School (particularly of Aaron Director) and was its leading exemplar during the 1960s and 1970s, even though living in exile at Yale. (When the three essayists on this panel were students at Chicago, our teacher was Phil Neal, who is not a member of the Chicago School!) What are the intellectual tools that Bork used, and how did they lead to his diagnoses?
. Antitrust is about the promotion of social wealth. Usually this means consumers' welfare. It is never, ever about the promotion of ...
 
 
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