Robert pitofsky is a professor of law, georgetown university law center and former chairman, u. Best nonfiction books on gut intelligence, gut feelings, and. Revitalizing antitrust in its second century harry first. Robert pitofsky biography united states department of. It is the only book that helps the scholarlawyerbusiness advisorstudent understand the direction of antitrust and how to predict the course of the law. Pitofsky dedicated his career to antitrust matters as a professor, including at georgetown universitys law school, where he was dean from 1983 to. 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. 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. The book has roots in prior editions, but it really offers a toptobottom reconsideration of how best to. The cause was complications of alzheimers disease, his son david said. How can antitrust be used to protect competition in the. Revitalizing antitrust in its second century by harry. Antitrust, keyed to pitofsky, goldschmid, and woods trade regulation. Antitrust law and trade regulation, cases and materials.
The commission alleged that anti competitive effects included discouraging innovation efforts by potential challengers in microprocessor technology. Amazon is the titan of twentyfirst century commerce. A policy at war with itself, crystallized the law and economicsinspired revolt against decades of antitrust jurisprudence. 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. The book s comparative law materials reflect expanded antitrust systems of other nations, and a. Khan added, antitrust laws arent updated to properly assess companies in the internet economy. Apple calls judges ruling that it conspired with publishers to fix e book prices a radical departure from modern antitrust law and policy. This paper was prepared as a chapter for a forthcoming book, how the chicago school overshot the mark. Current antitrust laws adequate to address hightech. This paper observes that antitrust analysis has moved sharply to the conservative side and emphasizes the complexity of issues.
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. 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. 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. The book should prove useful to anyone who is interested in gaining an insight into the international dimension of competition law and policy. Description this book chapter forthcoming in antitrust stories tells the story of the ftcs successful 1997 effort to block the proposed staplesoffice depot merger. A copy that has been read, but remains in clean condition. 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. 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. 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. 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.
The treaty on european union or, the maastricht treaty, adopted in 1993, did not alter the competition provisions in the treaty of rome. Anti cartel enforcement is a key focus of competition law enforcement policy. 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. For science, politics, economics, culture, religion and philosophy. Shenkman, cpa, mba, jd, is a wellknown attorney with extensive knowledge of tax law and investments.
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. This is the treaty establishing the european economic community, 25 march 1957, article 85. To take down big tech, they first need to reinvent the law. In an interview about the aoltime warner transaction, chairman pitofsky observed. Federal trade commission chairman robert pitofsky discussed how excessive concentration of economic power will breed antidemocratic political pressures. Antitrusts rule of reason was designed precisely for this and has been around a long time. 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. 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. Exftc chairman and georgetown dean pitofsky passes away. 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. 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. The truest thing ever said about antitrust was by robert pitofsky, the chairman of the federal trade commission in the late 1990s. Lester telsers free rider theory provided a rational efficiency explanation for vertical restraints under the conditions of his model. Compre o livro casenote legal briefs for antitrust, keyed to pitofsky, goldschmid, and wood na.
How valuable a contribution the book will make beyond that depends in large part on the spirit in which it is taken. Jan 05, 2018 robert borks 1978 book, the antitrust paradox. Stephen calkins was featured in a wayne state university story, annual baroudeur, training rides bring together warrior community. Numerous and frequentlyupdated resource results are available from this search. This casebook is just that, an unedited collection of cases. Nov 20, 2018 yet as the late robert pitofsky, former chairman of the federal trade commission, once noted. 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. University of michigan law school university of michigan law.
Antitrust by robert pitofsky how the chicago school overshot the mark book. 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. Tech giants gobble startups in an antitrust blind spot the. Robert pitofsky, the political content of antitrust, 127 u. How the chicago school overshot the mark the effect of conservative economic analysis on u. Buy products such as the curse of bigness paperback at walmart and save. Antitrust definition of antitrust by merriamwebster. This is the only book that provides the underpinnings for the new antitrust. 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. Anti trust consequences of using corporate subsidiaries with everett i. An interview with robert pitofsky robert pitofsky served as commissioner and later chair of the federal trade commission, one of the two u. Department of justice during the clinton administration, and has also served as the director of the bureau of consumer protection of the ftc. A collection of fifteen essays, how the chicago school overshot the mark is about the rise and recent fall of american antitrust.
Stephen calkins was a moderator for the 66th annual american bar association section of antitrust law spring meeting in washington, d. Reliable information about the coronavirus covid19 is available from the world health organization current situation, international travel. Chairman pitofskys publications include legal casebooks on both trade regulation and antitrust law. Edition trade regulation pitofsky casenote legal briefs. The trade pracitces act is constantly evolving, responding to the changing economic environment and court jurisprudence. If markets functioned perfectly, there wouldnt be any need for regulation. This barcode number lets you verify that youre getting exactly the right version or edition of a book. 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. The author thanks robert pitofsky for his helpful comments on an earlier draft of this chapter.
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. The book has roots in prior editions, but it really offers a toptobottom reconsideration of how best to present modern issues in antitrust. Anti trust laws are mainly concerned with maintaining a fair and healthy competitive market. Is there a case to be made for political antitrust. Apr 28, 2017 in 1979, former ftc chairman robert pitofsky published a seminal paper on what he termed the political content of antitrust. 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. Also, i bought some blackstones on antitrust keyed to pitofsky casebook and the legalines for that book. Antitrust casenote briefs trade regulation pitofsky. This edition of the book offers a comprehensive rethinking of antitrust law, approaching competition problems in the market from a functional standpoint. The book s comparative law materials reflect expanded antitrust systems of other nations.
One of his first moves was to appoint jonathan baker the other author of this chapter as head of. Casenote legal briefs for antitrust, keyed to pitofsky. George mason university school of law, law and economics center, 1991. Antitrust and competition law is a fast moving area of law and the subject of extensive academic research. 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. May 02, 2012 in our friday slot interviews we ask what competition law book deserves an antitrust oscar. Receive free shipping when you purchase melamed, picker, weiser, and woods antitrust law and trade regulation, cases and materials, 7th 9781634595049 at store.
Full text of nomination of robert pitofsky to be chairman of. And i do believe if you have issues in the newspaper business, in. Popular antitrust books meet your next favorite book. Competition law is a law that promotes or seeks to maintain market competition by regulating anti competitive conduct by companies. Review of recent antitrust books 2009 2010 november 2010. Revitalizing antitrust in its second century essays on legal, economic, and political policy. Amazons practices have incited antitrust concerns, but as yale law school student lina m. Key developments in antitrust regulation in australia accc. This conference is the largest of its kind in the world. Robert pitofsky, activist federal trade commission. I shall contrast trade regulation, cases and materials with the areeda and the posner books because both its. A discussion of the various anti trust laws is necessary as well as the different acts that shaped these laws. Competition law is implemented through public and private enforcement. Many of bobs friends have already expressed their pleasure at this class act.
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. What are the pros and cons of antitrust regulations. 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. 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. How the chicago school overshot the mark paperback. Pitofsky began his teaching career at new york university law school in 1964, teaching antitrust and federal courts. Antitrust in the new gilded age by tim wu, the deal of the century. The complete book of trusts, third edition is an invaluable resource for anyone with significant assets to protect. It can get at harms to price, output, and innovation. Chairman pitofskys timely book teaches us important truths about antitrust. Competition law is known as antitrust law in the united states for historical reasons, and as anti monopoly law in china and russia. Yet as the late robert pitofsky, former chairman of the federal trade commission, once noted.
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. In antitrust stories, a group of prominent antitrust scholars and practitioners brings to life thirteen of the greatest antitrust cases ever litigated. An antitrust scholar and a former dean of the georgetown university. 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. It is written in a language and style which make such a complex topic both possible to understand and enjoyable. 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. Oclcs webjunction has pulled together information and resources to assist library staff as they consider how to handle. Review of recent antitrust books 20092010 request pdf. Donna patterson is a member of the district of columbia bar and former deputy assistant attorney general, antitrust division, u. Invitation to an inquest by walter and miriam schneir, 65 colum. This course will teach the various anti trust violations.