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The foundations of antitrust : events, ideas, and doctrines / by Gregory J. Werden.
- Format:
- Book
- Author/Creator:
- Werden, Gregory, author.
- Language:
- English
- Subjects (All):
- Antitrust law--United States--History.
- Antitrust law.
- United States.
- History.
- Genre:
- History.
- Physical Description:
- xviii, 424 pages ; 23 cm
- Place of Publication:
- Durham, North Carolina : Carolina Academic Press, LLC, [2020]
- Summary:
- "This is a book for people who practice antitrust law and for people who want to learn antitrust. For practitioners, the book supplements a treatise. For students, the book complements a casebook. It goes beyond what courts have said and done to probe the ethos, logos, and pathos of antitrust; it present the foundations of antitrust in law, history, and economics. This also could be a book for people who take an interest in antitrust policy. Antitrust law was a populist impulse. After a century during which antitrust has grown ever more technocratic, antitrust is again a matter of public interest"-- Provided by publisher.
- Contents:
- Machine generated contents note: pt. I EVENTS SHAPING ANTITRUST LAW
- 1. Rockefeller and Standard Oil
- 2. The Rise of the Trusts
- 3. Trusts as a Political Issue
- 4. The Sherman Act
- 5. The Meaning of the Sherman Act
- 6. What Happened to the Trusts?
- The Sugar Trust
- The Whisky Trust
- The Standard Oil Trust
- 7. Early Disappointment
- The Meager Resources
- The Failures
- The Successes
- Summing Up a Decade of Enforcement
- 8. The Anti-Trust Movement
- 9. Not a Trust Buster
- 10. Standard Oil
- 11. American Tobacco
- 12. Progressive Antitrust
- Reaction to Standard Oil
- The 1912 Presidential Election Campaign
- The FTC Act and the Clayton Act
- Epilog: The FTC Act and the Clayton Act Today
- 13. Chicago Board of Trade
- pt. II INTELLECTUAL HISTORY OF ANTITRUST
- 14. John Bates Clark
- The First Wave: 1887-94
- The Second Wave: 1899-1904
- Contemporaneous Influence of Clark's Views
- His Last Harrah: 1911-14
- 15. Clark Contemporaries
- Henry Carter Adams
- Arthur Twining Hadley
- Richard T. Ely
- Jeremiah Whipple Jenks
- 16. Louis D. Brandeis
- Encounters with Antitrust: 1890-1911
- Antitrust Policy Guru: 1911-14
- Supreme Court Justice: 1916-39
- Brandeis as Antitrust Policy Paragon
- 17. The Chicago School
- Economists in Law Schools
- Chicago School Ideas
- The Marriage of Law and Deductive Economics
- Chicago School Philosophy
- 18. Goals of the Sherman Act
- Ulterior Motives
- Robert Bork on the Goal of the Sherman Act
- Robert Lande on the Goal of the Sherman Act
- Dissenting Views
- pt. III ANTITRUST DOCTRINE
- 19. Contracts in Restraint of Trade at Common Law
- 20. Common Law on Suppression of Competition
- Cases on Combinations in Restraint of Trade
- Cases on Bid Rigging
- Cases Relied upon by Senator Sherman
- William Howard Taft's Survey of the Common Law
- Criminal Law
- 21. The Rule of Reason
- Development of the Rule of Reason
- Older Cases
- Modern Cases
- Burden Shifting under the Rule of Reason
- The Quick Look
- Justification and Balancing under the Rule of Reason
- The Relevant Market Paradigm
- Cross-Market Balancing
- 22. The Per Se Rule
- Development of the Per Se Rule
- Burden Shifting under the Per Se Rule
- Rationale of the Per Se Rule
- Current Scope for Per Se Rules
- Conclusive Presumption Confusion
- Vagueness and Separation of Powers
- 23. The Ancillary Restraints Doctrine
- 24. The Consumer Welfare Standard
- Consumer Welfare and Competition
- Robert Bork and Consumer Welfare
- Consumer Welfare in the Supreme Court
- Consumer Welfare Controversies
- The New Brandeis Movement
- Consumer Welfare and Litigation
- 25. Antitrust and the Tech Giants
- Lessons from the U.S. Microsoft Case
- Tying and Exclusive Dealing
- Self-Preferencing
- Monopoly without Prices
- Acquisitions
- 26. Global Reach of U.S. Antitrust
- Judge-Made Law on the Reach of the Sherman Act
- The FTAIA and Its Application
- Possible Future Developments under the FTAIA.
- Notes:
- Includes bibliographical references and index.
- Local Notes:
- Acquired for the Penn Libraries with assistance from the James Lader Fund.
- Other Format:
- Online version: Werden, Gregory J. The foundations of antitrust
- ISBN:
- 9781531019693
- 1531019692
- OCLC:
- 1149246262
- Publisher Number:
- 99986279583
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