preview

The Benefits Of Antitrust Law

Decent Essays

Telser has also suggested that when “productions require each entrant to pay fixed costs that cannot be fully recouped by most of the participants unless means can be found to restrict total output (and hence fix prices) and then divide total sales.” (Machovec, 1995) Some form of race to the bottom will happen unless a form of horizontal price fixing takes place with social benefits. The most common examples provided by the literature are related with transportation industry, such, as airlines and shipping carriers. (Lester T. G., 1994)

Lets observe one example observed by Lester Telser in Hayde Park waiting for a limo service to the airport. “Hayde Park which has a regular limo service to O’Hare Airport, 25 miles away. Going to O’Hare, …show more content…

, The Chicago School of Antitrust Analysis, 1979). After the public publication of Robert Bork’s book “The Antitrust Paradox” (1978), the public policy behind antitrust law, including the rule against price fixing, has been seen and written through a utilitarian approach almost excluding jealously any other approach to analyze and understand it. The main argument, is that by analyzing antitrust law through the lenses of economic science it (United States Senate, …show more content…

v. PSKS, Inc., 551 U.S. 877 (2007) overruled the prohibition that was established in Dr. Miles Medical Co. v. John D. Park & Sons Co., 220 U.S. 373 (1911) for a rule of reason. That said, Dr. Miles and Leegin history with the RPM is an example that illustrates how judging business practices may be a challenging task, after all, a business practice seen from one angle may seem to reduce competition being in fact pro competitive when observed from other one. Now, a question that judges, antitrust authorities, lawyers and antitrust literature must constantly answer is the content of a “legitimate purpose” and how to answer it; after all antitrust law is a about what are the rules that market actors must observe to compete in

Get Access