Conceptual Foundations of Antitrust

by Oliver Black

• ISBN13: 9780521847957
• ISBN10: 0521847958
• Format: Hardcover
• Copyright: 2005-12-12
• Publisher: Cambridge University Press

Summary

This is a philosophical study of concepts that lie at the foundation of antitrust - a body of law and policy designed to promote or protect economic competition. Topics covered are: the nature of competition; the relation between competition and welfare; the distinction between per se rules and rules of reason; agreements; concerted practices; and the spectrum from independent action to collusion. Although there are many legal and economic books on antitrust, this is the only book devoted to the philosophical scrutiny of the concepts that underpin it. No prior knowledge of philosophy is presupposed. The book is primarily directed at students, theorists and practitioners of antitrust, but will also be useful to lawyers, economists, philosophers, political scientists and others who have an interest in the discipline.

Table of Contents

Preface	vii
Introduction	1	(5)
What is competition?	6	(27)
Overview	6	(2)
The model	8	(9)
Further aspects of competition	17	(7)
Economic competition	24	(3)
Competition and cooperation	27	(6)
Competition and welfare	33	(29)
Overview	33	(2)
An economic approach	35	(5)
A philosophical approach	40	(21)
Conclusion	61	(1)
Per se rules and rules of reason	62	(32)
Overview	62	(2)
Varieties of the two kinds of rule	64	(10)
Benefits of per se rules and rules of reason	74	(3)
Relations between rules of reason and per se rules	77	(17)
Agreements	94	(47)
Overview	94	(4)
Models of agreement	98	(13)
Justifications for making and complying with agreements	111	(4)
Object and effect of an agreement	115	(12)
Dishonest agreements: the cartel offence in the Enterprise Act	127	(14)
Concerted practices	141	(43)
Overview	141	(3)
A Gricean approach	144	(6)
A reliance-based approach	150	(16)
Communication and obligation in concerted practices	166	(3)
Appendix: reliance and obligation	169	(15)
The spectrum from independent action to collusion	184	(10)
Overview	184	(1)
Grades of correlation	185	(2)
Applications	187	(7)
References	194	(21)
Index	215