Technology federal trade commission chairman robert pitofsky today told the american bar association that the 19th century antitrust laws on the books today are adequate to address the unique competition issues presented by the hightech industries of the 21st century. Robert pitofsky biography united states department of. The political content of antitrust robert pitofsky t although the political forces that produced the major antitrust statutesin 1890, 1914, 1936, and 1950varied widely, those statutes once enacted have almost always been enforced and interpreted so that economic considerations were paramount. Stephen calkins was featured in a wayne state university story, annual baroudeur, training rides bring together warrior community. Review of recent antitrust books 20092010 request pdf. Jan 05, 2018 robert borks 1978 book, the antitrust paradox.
Buy products such as the curse of bigness paperback at walmart and save. An antitrust scholar and a former dean of the georgetown university. The text is an integrated discussion of the major antitrust guidelines produced by the department of justice and the ftc during the 1990s and significant antitrust process issues. And i do believe if you have issues in the newspaper business, in. Department of justice during the clinton administration, and has also served as the director of the bureau of consumer protection of the ftc. It describes the competing presentations of the ftc and the merging firms during the preliminary injunction hearing and places that trial in a broader context. Reliable information about the coronavirus covid19 is available from the world health organization current situation, international travel. Antitrust, keyed to pitofsky, goldschmid, and woods trade regulation. This conference is the largest of its kind in the world. Edition trade regulation pitofsky casenote legal briefs. Robert pitofsky, activist federal trade commission. If nothing else, pitofsky has succeeded in putting together a valuable single volume reference guide to the leading critiques of the chicago school by some of the most prominent voices in antitrust today. Best nonfiction books on gut intelligence, gut feelings, and. George mason university school of law, law and economics center, 1991.
The book has roots in prior editions, but it really offers a toptobottom reconsideration of how best to. Popular antitrust books meet your next favorite book. Numerous and frequentlyupdated resource results are available from this search. An interview with robert pitofsky robert pitofsky served as commissioner and later chair of the federal trade commission, one of the two u. In antitrust stories, a group of prominent antitrust scholars and practitioners brings to life thirteen of the greatest antitrust cases ever litigated. University of michigan law school university of michigan law. It is written in a language and style which make such a complex topic both possible to understand and enjoyable. The cause was complications of alzheimers disease, his son david said. Pitofsky began his teaching career at new york university law school in 1964, teaching antitrust and federal courts. Khan added, antitrust laws arent updated to properly assess companies in the internet economy. The book s comparative law materials reflect expanded antitrust systems of other nations. Apr 28, 2017 in 1979, former ftc chairman robert pitofsky published a seminal paper on what he termed the political content of antitrust. Revitalizing antitrust in its second century by harry. Compre o livro casenote legal briefs for antitrust, keyed to pitofsky, goldschmid, and wood na.
Is there a case to be made for political antitrust. Robert pitofsky, one of the authors of this chapter, took office as chairman of the federal trade commission ftc in 1995 pledging an activist antitrust agenda. Receive free shipping when you purchase melamed, picker, weiser, and woods antitrust law and trade regulation, cases and materials, 7th 9781634595049 at store. A discussion of the various anti trust laws is necessary as well as the different acts that shaped these laws. The truest thing ever said about antitrust was by robert pitofsky, the chairman of the federal trade commission in the late 1990s. The book has roots in prior editions, but it really offers a toptobottom reconsideration of how best to present modern issues in antitrust. How the chicago school overshot the mark paperback. I am not sure that its editors conceived of it in this way, but, to my eye, the blake, pitofsky and goldschmid book6 is a contribution to. Revitalizing antitrust in its second century essays on legal, economic, and political policy.
Nov 20, 2018 yet as the late robert pitofsky, former chairman of the federal trade commission, once noted. Anti trust laws are mainly concerned with maintaining a fair and healthy competitive market. In 1970, he was appointed director of the bureau of consumer protection by federal commission chairman miles kirkpatrick, having served on the kirkpatrick commission study of the ftc. Key developments in antitrust regulation in australia accc. Review of recent antitrust books 2009 2010 november 2010. How can antitrust be used to protect competition in the. Chairman pitofskys timely book teaches us important truths about antitrust. One of his first moves was to appoint jonathan baker the other author of this chapter as head of. Competition law is a law that promotes or seeks to maintain market competition by regulating anti competitive conduct by companies. Robert pitofsky, the political content of antitrust, 127 u. Lester telsers free rider theory provided a rational efficiency explanation for vertical restraints under the conditions of his model.
Current antitrust laws adequate to address hightech. Many of bobs friends have already expressed their pleasure at this class act. Apple calls judges ruling that it conspired with publishers to fix e book prices a radical departure from modern antitrust law and policy. Casenote legal briefs for antitrust, keyed to pitofsky. Anti cartel enforcement is a key focus of competition law enforcement policy. This book convincingly rebuts the chicago school approach to economics and competition policy while reminding us that the antitrust laws, when effectively applied, are robust tools that enhance competition and benefit consumers. How the chicago school overshot the mark the effect of conservative economic analysis on u. Antitrust by robert pitofsky how the chicago school overshot the mark book. This edition of the book offers a comprehensive rethinking of antitrust law, approaching competition problems in the market from a functional standpoint. For science, politics, economics, culture, religion and philosophy.
If markets functioned perfectly, there wouldnt be any need for regulation. Donna patterson is a member of the district of columbia bar and former deputy assistant attorney general, antitrust division, u. First, it notes that the move toward less enforcement does not reflect just the influence of economists but also of lawyers, enforcement officials, and judges who believe in the precept that government is the problem and not the solution. Yet as the late robert pitofsky, former chairman of the federal trade commission, once noted. The trade pracitces act is constantly evolving, responding to the changing economic environment and court jurisprudence. Incorrect book the list contains an incorrect book please specify the title of the book.
In settling the case, intel agreed not to withhold or threaten to withhold product or technical information for reasons relating to an intellectual property dispute. It can get at harms to price, output, and innovation. In his book capitalism for the people basic books, 2012, university of chicago booth school of business professor luigi zingales director of the stigler center and one of the editors of this blog favors a possible reframing of antitrust policy away from a purely economic analysis, noting that the original motivation for the sherman act was. Antitrust casenote briefs trade regulation pitofsky. This casebook is just that, an unedited collection of cases. This is the treaty establishing the european economic community, 25 march 1957, article 85. Description this book chapter forthcoming in antitrust stories tells the story of the ftcs successful 1997 effort to block the proposed staplesoffice depot merger.
Antitrusts rule of reason was designed precisely for this and has been around a long time. Antitrust law and trade regulation, cases and materials. Robert pitofsky, dean of the law school at georgetown university in washington, said that bork, if given a chance, would scrap 90% of the current antitrust law, including limits on mergers and. The complete book of trusts, third edition is an invaluable resource for anyone with significant assets to protect. The book s comparative law materials reflect expanded antitrust systems of other nations, and a. The aim of this volume is to select articles as tools for understanding how antitrust and competition law is applied to unilateral conduct which is harmful to the consumer and to the competitiveness of the market. Shenkman, cpa, mba, jd, is a wellknown attorney with extensive knowledge of tax law and investments. Robert pitofsky is a professor of law, georgetown university law center and former chairman, u. The volume is edited by eleanor fox and dan crane and chapter authors include bob pitofsky, dan rubinfeld, george priest, al klevorick, and alan sykes, and many other leaders in the field. The book should prove useful to anyone who is interested in gaining an insight into the international dimension of competition law and policy.
Antitrust and competition law is a fast moving area of law and the subject of extensive academic research. Antitrust definition is of, relating to, or being legislation against or opposition to trusts or combinations. Antitrust definition of antitrust by merriamwebster. Some would argue that it is dangerous to undermine investment incentives in these dynamic industries, and therefore that antitrust should have no role at all. Federal trade commission chairman robert pitofsky discussed how excessive concentration of economic power will breed antidemocratic political pressures. This is the only book that provides the underpinnings for the new antitrust. Invitation to an inquest by walter and miriam schneir, 65 colum. The commission alleged that anti competitive effects included discouraging innovation efforts by potential challengers in microprocessor technology. To take down big tech, they first need to reinvent the law.
A copy that has been read, but remains in clean condition. Chairman pitofskys publications include legal casebooks on both trade regulation and antitrust law. This barcode number lets you verify that youre getting exactly the right version or edition of a book. I shall contrast trade regulation, cases and materials with the areeda and the posner books because both its. It is the only book that helps the scholarlawyerbusiness advisorstudent understand the direction of antitrust and how to predict the course of the law. This paper was prepared as a chapter for a forthcoming book, how the chicago school overshot the mark. A collection of fifteen essays, how the chicago school overshot the mark is about the rise and recent fall of american antitrust. The treaty on european union or, the maastricht treaty, adopted in 1993, did not alter the competition provisions in the treaty of rome. The author thanks robert pitofsky for his helpful comments on an earlier draft of this chapter. In an interview about the aoltime warner transaction, chairman pitofsky observed. This paper observes that antitrust analysis has moved sharply to the conservative side and emphasizes the complexity of issues. Full text of nomination of robert pitofsky to be chairman of. Amazon is the titan of twentyfirst century commerce.
Exftc chairman and georgetown dean pitofsky passes away. This casebook provides an overview of trade regulation, including an integrated discussion of the major antitrust guidelines from the department of justice and the federal trade commission during the 1990s and significant antitrust process issues. Also, i bought some blackstones on antitrust keyed to pitofsky casebook and the legalines for that book. Competition law is known as antitrust law in the united states for historical reasons, and as anti monopoly law in china and russia. Competition law is implemented through public and private enforcement. In addition to being a retailer, it is now a marketing platform, a delivery and logistics network, a payment service, a credit lender, an auction house, a major book publisher, a producer of television and films, a fashion designer, a hardware manufacturer, and a leading host of cloud server space. Anti trust consequences of using corporate subsidiaries with everett i. Stephen calkins was a moderator for the 66th annual american bar association section of antitrust law spring meeting in washington, d. Robert pitofsky, a scholar of antitrust law who as chairman of the federal trade commission was credited with energizing the agency dubbed the little old lady of pennsylvania avenue with his. The legalines was really good, you can read it from scratch, and its like an outline for anti trust, and it seemed pretty accurate summarizing all the ridiculous things the court said, which is how i became convinced the courts say like. Jun 25, 2019 antitrust laws are the laws that apply to virtually all industries and to every level of business, including manufacturing, transportation, distribution and marketing.
A frequent reply from our interviewees is that they do not read competition law books but rather consult specific sections of such books when they are looking for something in particular. Tech giants gobble startups in an antitrust blind spot the. Amazons practices have incited antitrust concerns, but as yale law school student lina m. What are the pros and cons of antitrust regulations. The legalines was really good, you can read it from scratch, and its like an outline for antitrust, and it seemed pretty accurate summarizing all the ridiculous things the court said, which is how i became convinced the courts say like. In this provocative new work, a distinguished group of policymakers, legal scholars, and economists challenge the prevailing view that antitrust legislation is no longer relevant, arguing instead that antitrust, progressively construed and adapted to todays economic realties, remains the most promising national economic policy for this country. Thus, it was with special pleasure that i learned only yesterday that joe simons presided over a ceremony marking the naming of room 432, the big ftc conference room, after robert pitofsky. But a third way of thinking about anti trust, still indistinct in contour, is now developing, although it has, as yet, neither a selfidentified group of adherents nor any appreciable body of received doctrine.
Pitofsky dedicated his career to antitrust matters as a professor, including at georgetown universitys law school, where he was dean from 1983 to. A policy at war with itself, crystallized the law and economicsinspired revolt against decades of antitrust jurisprudence. Antitrust in the new gilded age by tim wu, the deal of the century. This course will teach the various anti trust violations. Regulation with harvey goldschmid and diane wood, fifth edition 2003 and author of numerous books and articles on antitrust including revitalizing antitrust in its second century 1991, coeditor. The essential facilities doctrine under united states. How valuable a contribution the book will make beyond that depends in large part on the spirit in which it is taken. Revitalizing antitrust in its second century harry first. May 02, 2012 in our friday slot interviews we ask what competition law book deserves an antitrust oscar. Oclcs webjunction has pulled together information and resources to assist library staff as they consider how to handle. Contrary to the view that antitrust should be concerned exclusively with economic questions, pitofsky argued that political values should be incorporated into the enforcement of antitrust laws.
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