The Antitrust Paradox: A Policy at War With Itself (Hardcover)

by Robert H. Bork (Author) "ONE of the uses of history is to free us of a falsely imagined past..." (more)
Key Phrases: Sherman Act, Supreme Court, Clayton Act (more...)

Editorial Reviews

Product Description
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.

Product Details

• Hardcover: 475 pages
• Publisher: Free Pr (January 1993)
• Language: English
• ISBN-10: 0029044553
• ISBN-13: 978-0029044551
• Product Dimensions: 8.8 x 6 x 1.8 inches
• Shipping Weight: 1.4 pounds
• Average Customer Review: 3.5 out of 5 stars See all reviews (4 customer reviews)
• Amazon.com Sales Rank: #3,014,542 in Books (See Bestsellers in Books)

Customer Reviews

Most Helpful Customer Reviews

28 of 33 people found the following review helpful:

5.0 out of 5 stars Essential Reading., June 13, 2000

By	T. A. Prisco (Washington D.C.) - See all my reviews

This review is from: Antitrust Paradox (Paperback)

The Antitrust Paradox is the most important book on antitrust ever written. It is a scholarly, yet accessible, examination of the nation's antitrust laws, the history and policies behind them, and their application from their inception to today. Through the book and the policies advanced in it, Judge Bork has had a profound impact on antitrust scholarship and practice. As a result, the book is essential reading for antitrust practitioners, scholars, and those having any interest in the subject. Truly a seminal work.

20 of 24 people found the following review helpful:

5.0 out of 5 stars Antitrust or Maximization of Consumer Welfare, October 9, 2001

By	Serge J. Van Steenkiste (Atlanta, GA) - See all my reviews (REAL NAME)

This review is from: Antitrust Paradox (Paperback)

In the Antitrust Paradox, Judge Robert H. Bork gives a fascinating, though demanding, review of the most important antitrust issues in the United States. The central, pragmatic thesis of Bork is maximization of consumer welfare (also called economic efficiency) and not the protection of small businesses in addressing any antitrust issue. Unfortunately, the legislative, executive and judiciary branches of power as well as the practicing bar have not always shown consistency in making, interpreting, and applying antitrust rules. The main reason for their shared sub-optimal performance in that area is the too-often absence of a rudimentary understanding of market economics according to Bork. As a practicing marketer and lawyer, I agree with his observation. Law and economics are two complementary disciplines that should be taught together as part of the academic requirements or at least whose teaching could be made optional at the undergraduate level in our universities.

14 of 45 people found the following review helpful:

1.0 out of 5 stars Misinterpreting the word "efficiency", July 25, 2002

By A Customer

This review is from: Antitrust Paradox (Paperback)

I have enjoyed other writing by Judge Bork. Unfortunately, in "The Antitrust Paradox" Judge Bork misinterprets the word "efficiency" as it applies to antitrust law. U.S. antitrust law was designed to advance Pareto or economic efficiency, not business or productive efficiency. That misunderstanding leads Judge Bork to propose, in essence, the following Carrollian extended syllogism:
Antitrust law advances "efficiency" and condemns monopoly
Consumer welfare is the goal of antitrust law
Consumer welfare is advanced by lower prices
Monopolists are more "efficient" and provide lower prices
to consumers by economies of scale
Monopolists advance consumer welfare
Monopoly is "efficient" and should be legal
Lest we forget, John D. Rockefeller lowered the consumer price of kerosene approximately ten-fold while he was crushing smaller competitors. With all due respect to Judge Bork, I don't think that is the type of "efficiency" a free, commercial society needs.