Reforming Antitrust

Alan J. Devlin (Georgetown University, Washington DC)

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English

Cambridge University Press
19 August 2021

Central government policies; Economics of industrial organisation; Comparative law; Competition law & Antitrust law

Industrial consolidation, digital platforms, and changing political views have spurred debate about the interplay between public and private power in the United States and have created a bipartisan appetite for potential antitrust reform that would mark the most profound shift in US competition policy in the past half-century. While neo-Brandeisians call for a reawakening of antitrust in the form of a return to structuralism and a concomitant rejection of economic analysis founded on competitive effects, proponents of the status quo look on this state of affairs with alarm. Scrutinizing the latest evidence, Alan J. Devlin finds a middle ground. US antitrust laws warrant revision, he argues, but with far more nuance than current debates suggest. He offers a new vision of antitrust reform, achieved by refining our enforcement policies and jettisoning an unwarranted obsession with minimizing errors of economic analysis.

By: Alan J. Devlin (Georgetown University Washington DC)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Dimensions: Height: 229mm, Width: 151mm, Spine: 17mm
Weight: 482g
ISBN: 9781108999908
ISBN 10: 1108999905
Pages: 300
Publication Date: 19 August 2021
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

Introduction; Part I. Antitrust Today: 1. Competition Law's role; 2. Antitrust – Fact, fiction, and the unknown; 3. The missing link – concentration and market power; Part II. The Case for Change: 4. Warning signs in the economy – has competition declined?; 5. A liberal call to arms, but is deconcentration the answer?; 6. Testing the neo-brandeisian vision; Part III. Antitrust Reform: 7. Taking a finger off the scale – revisiting decision theory; 8. Rethinking the consumer-welfare standard; 9. The antitrust evolution; Conclusion. Key recommendations.

Alan J. Devlin is a partner with Latham & Watkins LLP and was Acting Deputy Director of the FTC's Bureau of Competition. He is also Adjunct Professor at Georgetown University Law Center. His publications include Antitrust & Patent Law, Principles of Law & Economics, and over thirty articles published at Stanford, Harvard, Yale, Berkeley, Northwestern, and elsewhere.

Reviews for Reforming Antitrust

'Reforming Antitrust is a delightfully detailed narrative of the policy topic du jour, drawing on first-hand experience and empirical evidence to bring to life the often academically wonkish field of Competition Law. Reflecting on the aspects of antitrust policy that have worked well over the past thirty years and explaining how an error cost framework could help antitrust policy work better, this book is a must-read for public policy makers and academics.' Elizabeth M. Bailey, NERA 'Well-written and engaging even to the lay reader, this new volume is a must-read for anyone interested in antitrust reform. Devlin charts a careful middle course between our current weakened system of antitrust enforcement and the calls for radical reform coming from many quarters today. This is a book with the potential to make the world a better place.' Mark A. Lemley, Stanford Law School