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In 2012, when the Justice Department sued Apple and five book publishers for price fixing, many observers sided with the defendants. It was a reminder that, in practice, Americans are ambivalent about competition. Chris Sagers shows why protecting price competition, even when it hurts some of us, is crucial if antitrust law is to preserve markets.
One of the most-followed antitrust cases of recent times—United States v. Apple—reveals an often-missed truth: what Americans most fear is competition itself. In 2012 the Department of Justice accused Apple and five book publishers of conspiring to fix ebook prices. The evidence overwhelmingly showed an unadorned price-fixing conspiracy that cost consumers hundreds of millions of dollars. Yet before, during, and after the trial millions of Americans sided with the defendants. Pundits on the left and right condemned the government for its decision to sue, decrying Amazon’s market share, railing against a new high-tech economy, and rallying to defend beloved authors and publishers. For many, Amazon was the one that should have been put on trial. But why? One fact went unrecognized and unreckoned with: in practice, Americans have long been ambivalent about competition. Chris Sagers, a renowned antitrust expert, meticulously pulls apart the misunderstandings and exaggerations that industries as diverse as mom-and-pop grocers and producers of cast-iron sewer pipes have cited to justify colluding to forestall competition. In each of these cases, antitrust law, a time-honored vehicle to promote competition, is put on the defensive. Herein lies the real insight of United States v. Apple. If we desire competition as a policy, we must make peace with its sometimes rough consequences. As bruising as markets in their ordinary operation often seem, letting market forces play out has almost always benefited the consumer. United States v. Apple shows why supporting cases that protect price competition, even when doing so hurts some of us, is crucial if antitrust law is to protect and maintain markets.
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.
At a time when tech giants have amassed vast market power, Jonathan Baker shows how laws and regulations can be updated to ensure more competition. The sooner courts and antitrust enforcement agencies stop listening to the Chicago school and start paying attention to modern economics, the sooner Americans will reap the benefits of competition.
Antitrust Law in the New Economy by Mark R. Patterson Pdf
Competition and consumer protection -- The economics of information -- Information and market power -- Agreements on information -- Exclusion by information -- "Confusopoly" and information asymmetries -- Privacy as an information product -- Information and intellectual property -- Restraint of trade and freedom of speech
The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.
Amazon's business model is deceptively simple: Make online shopping so easy and convenient that customers won't think twice. It can almost be summed up by the button on every page: "Buy now with one click." Why has Amazon been so successful? Much of it has to do with Jeff Bezos, the CEO and founder, whose unique combination of character traits and business strategy have driven Amazon to the top of the online retail world. Richard Brandt charts Bezos's rise from computer nerd to world- changing entrepreneur. His success can be credited to his forward-looking insights and ruthless business sense. Brandt explains: Why Bezos decided to allow negative product reviews, correctly guessing that the earned trust would outweigh possible lost sales. Why Amazon zealously guards some patents yet freely shares others. Why Bezos called becoming profitable the "dumbest" thing they could do in 1997. How Amazon.com became one of the only dotcoms to survive the bust of the early 2000s. Where the company is headed next. Through interviews with Amazon employees, competitors, and observers, Brandt has deciphered how Bezos makes decisions. The story of Amazon's ongoing evolution is a case study in how to reinvent an entire industry, and one that anyone in business today ignores at their peril.
IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law, 3rd Edition by Hovenkamp, Janis, Lemley, Leslie, Carrier Pdf
Reclusive movie star Jessica Lessing is finally coming out of hiding—to confront her father, a con man who has been selling her out to the paparazzi for years. On her four-day road trip to Las Vegas, she encounters three unexpected allies—Vivian, a teenager with newborn twins; Lynn, a dog shelter owner living in isolation on a ranch in rural Nevada; and Dana, a fearless ex-military bodyguard wrestling with secrets of her own. As their fates collide, each woman will find a chance at redemption that she never would have thought possible. MacKenzie Bezos’s taut prose, tough characters, and nuanced insights give this novel a complexity that few thrillers can match. This ebook edition includes a Reading Group Guide.
Andrew I. Gavil,William E. Kovacic,Jonathan B. Baker,Joshua D. Wright
Author : Andrew I. Gavil,William E. Kovacic,Jonathan B. Baker,Joshua D. Wright Publisher : Unknown Page : 0 pages File Size : 45,7 Mb Release : 2017 Category : Antitrust law ISBN : 0314266054
Author : United States. Comptroller of the Treasury Publisher : Unknown Page : 1140 pages File Size : 44,7 Mb Release : 1899 Category : Expenditures, Public ISBN : UCAL:B3090445
Settlement Agreements in Commercial Disputes: Negotiating, Drafting & Enforcement, 2nd Edition by Rosen, Velazquez Pdf
With nearly all corporate disputes being resolved in settlements, drafting strong, enforceable settlement agreements is one of the most critical and challenging areas of corporate and commercial law practice today. Yet there has never been a single, comprehensive guide to the complex legal issues involved in negotiating, drafting and enforcing settlement agreements until Settlement Agreements in Commercial Disputes. Here, in two comprehensive volumes, including CD-Rom and forms, top experts offer insights gained from many years of litigation and dispute resolution experience to give you critical tools needed to prepare successful settlements: Sophisticated analysis of the law and its application Detailed planning of effective drafting techniques In-depth coverage of "hot issues," such as multi-party settlements and tax considerations Strategies for handling "special topics," such as tax and environmental concerns A time-saving library of model agreements on disk for a variety of disputes and jurisdictions Extensive case citations And much more Whether you are looking for the best way to handle a particularly troubling issue, or simply want to be sure you have anticipated every legal eventuality, Settlement Agreements in Commercial Disputes will give you the insights, information and guidance needed to prepare settlement agreements that meet your client's or company's objectives. Note: Online subscriptions are for three-month periods. Previous Edition: Settlement Agreements in Commercial Disputes: Negotiating, Drafting and Enforcement ISBN: 9780735514782
