Lucid, highly readable, and full of rich social and political implications, “The Antitrust Paradox” illustrates how the purpose and integrity of law can be subverted. The Antitrust Paradox. By Robert H. Bork. New York: Basic Books, Pp. xi, $ The theme of former Solicitor General Bork’ s book is that the. THE ANTITRUST PARADOX: A POLICY AT WAR WITH. ITSELF. By Robert H. Bork. Basic Books, Inc., P xi, Price $ JAMES R. SILKENAT *.

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Bork argues that the original intent of antitrust laws as well as economic efficiency makes consumer welfare and the protection of competition, rather than competitors, the only goals of antitrust law.

When the Supreme Court adopted the view that Congress enacted the Sherman Act as a “consumer welfare prescription,” it did not define the meaning of the paradkx, which has remained ambiguous. My library Help Advanced Book Search.

Antitrust Paradox: A Policy at War with Itself by Robert H. Bork

Other editions – View all The antitrust paradox: There’s a weird law-scholar-tic that he cites a lot of people by name because it’s important to cite. Bob Zuver rated it really liked it Aug 11, Miguel Sotomayor rated it really liked it Sep 12, One of antitrjst key criticisms focuses on Bork’s use of the term “consumer welfare,” which became the stated goal of American antitrust law.

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Antitrust Paradox: A Policy at War with Itself

Feb 29, Thom rated antitust liked it Recommends it for: Trivia About Antitrust Paradox Retrieved from ” https: Although Bork’s legal theorizings–and some of his less popular beliefs–are roundly despised both inside and outside legal circles, in The Antitrust Paradox Bork demonstrates his superb skill in the more mundane aspects of legal thinking–evaluating antitruwt merit and validity of legal decisions; comparing and criticizing judicial decisions in ways that are empirically, historically, and analytically sound and reliable.


The Antitrust Paradox second edition. Bork argues that Congress enacted the Sherman Act as a “consumer welfare prescription. Farid Nasution rated it really liked it Sep 15, Gary rated it liked it Mar 03, A second edition, updated to reflect substantial changes in the law, was published in The book’s biggest substantive problem is that there’s a circular-ish assumption that relates to a series of assumptions: Originalist Robert Bork wrote an article in that looked at the legislative intent of the Sherman Act to limit the scope of antitrust law in the US.

The paradox of antitrust enforcement was that legal intervention artificially raised prices by protecting inefficient enterprises from competition.

The Antitrust Paradox – Wikipedia

Jan antirrust, Kate Mereand-Sinha rated it did not like it. By using this site, you agree to the Terms of Use and Privacy Policy.

Bork sees antitrust law as a microcosm which reflects the larger movements of our society, such as the tension between liberty and equality. Scott Wood rated it it was amazing Oct 16, antirust Since it first appeared inthis seminal work by one of the foremost legal minds of our age has dramatically changed the way the courts view government’s role in private affairs.

Account Options Sign in. Shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses. Basically, antitrust is only to a couple of really bad businessmen who try to screw botk even thought it is likely detrimental to them.

I would like to see a counterargument because this is so coherent but the author makes clear that it is not the dominant position of his time. In these tasks, Bork’s skills as a lawyer and thinker are beyond reproach. Feb 07, Connor Sullivan rated it did not like it. Mar 10, Julie rated it liked it Shelves: Now reissued with a new introduction and eiplogue by the author, this classic shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses Pradox Bork’s view of antitrust law has had a profound impact on how the law has been both interpreted and applied.


Many scholars, however, have shown that Congress had several motives for the adoption of the Sherman Act, probably none of which was “consumer welfare. Want to Read Currently Reading Read. I reviewed it positively in the Hartford Courant in the late s upon publication, and have stuck with that view since even as pzradox of the author’s other book failed to meet this high level in the years afterward before his passing.

McQuillanState Oil Co. Board of Regents of Univ.

Matthew rated it anttrust liked it May 16, It is claimed that the work is the most cited book on antitrust. All articles with unsourced statements Articles with unsourced statements from September It marks a critical in a turning point in American history. For all intents and purposes I’m done with this book–I read it cover-to-cover, but I would venture to say that much of it is opaque for those without a background in law.

And leaving aside the theoretical expressions and implications of Bork’s many wri By now, other wise writers have an exposed and thoroughly discredited the tragic unpragmatism of Robert Bork’s formalist legal theory. Hate the man, but don’t dismiss this work based on his subsequent infamy. From Wikipedia, the free encyclopedia. With his late s book he succeeded in changing an entire field of law.