By Richard A. Epstein
For over 100 years, the antitrust consent decree has been a tremendous weapon within the federal enforcement of antitrust legislation. In Antitrust Consent Decrees in idea and Practice, Richard A. Epstein undertakes the 1st systematic learn in their use and effectiveness from either a historic and analytical perspective.
Epstein observes how ameliorations in antitrust philosophy can form the categories of complete settlements that the govt will search and the courts will provide. Epstein takes factor with competitive antitrust enforcement options that search to exploit executive energy to essentially regulate buildings or the enterprise practices of regulated companies, in a few circumstances resulting in their breakup. to provide an explanation for the perils of that process, Epstein conscientiously examines the historical past of consent decree litigation, culminating in distinct experiences of the AT&T breakup and the govt. antitrust activities opposed to Microsoft.
Applying glossy theories of antitrust research, Epstein's imperative thesis is that daring antitrust treatments that aren't tightly tied to a defensible idea of wrongful behavior usually turn out counterproductive. Such measures generally strength agencies to undertake enterprise practices and structural reorganizations that considerably bog down their skill to compete successfully available to buy. The disparate fates of AT&T and Microsoft are the results of a massive and fruitful shift in wondering the use and boundaries at the antitrust legislation in a wide selection of commercial contexts.
Antitrust Consent Decrees in thought and Practice could be of curiosity to any reader who's considering the bigger implications of the govt law of legislation and enterprise. Epstein brings approximately 40 years of non-public wisdom and event to this subject. Written in a transparent and nontechnical type, this publication should still end up a useful source to any scholar of law and monetary coverage, in addition to legal professionals and policymakers eager about antitrust litigation.