Competition Law and the Free Market - The Antitrust Paradox: A Policy at War with Itself

• published: 21 Apr 2011
• views: 4467

As part of our 25th Anniversary celebration the Federalist Society presented a full-day Conference on June 26, 2007, honoring Judge Robert H. Bork and his contributions to the law. In The Antitrust Paradox: A Policy at War with Itself, Judge Bork maintained that antitrust enforcement had overzealously applied the law in a manner that led to the protection of inefficient firms and the sanctioning of efficient firms, to the ultimate detriment of consumers. This form of interference in the free market, he argued, raised consumer prices by supporting flagging companies in order to maintain the perception of competition. How have Judge Bork's insights informed antitrust law and enforcement over the past 25 years? Have Judge Bork's views changed the approach utilized by courts in antitrust litigation? How has Judge Bork's analytical framework informed the debate about competition policy in new and emerging industries, such as the high tech sector? Panelists: --Hon. Frank H. Easterbrook, United States Court of Appeals, Seventh Circuit --Hon. Douglas H. Ginsburg, United States Court of Appeals, District of Columbia Circuit --Prof. George L. Priest, Yale Law School --Moderator: Dean Bernard Dobranski, Ave Maria School of Law The Mayflower Hotel, Washington, DC