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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...
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"Oligarchy is a threat to the American republic. When too much economic and political power is concentrated in too few hands, we risk losing the 'republican form of government' the Constitution requires. Today, courts enforce the Constitution as if it had almost nothing to say about this threat. But as Joseph Fishkin and William Forbath show in this retelling of constitutional history, a commitment to prevent oligarchy once stood at the center of...
Description
The book concludes that in a global economy the burden-some regulations of foreign countries deserve attention, but increasingly so do the burdens that American adversarial legalism imposes on this country and sometimes on others. Ideas and prospects for correcting the problem are discussed throughout.
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