(DOWNLOAD) "Antitrust and Positional Arms Races." by Harvard Journal of Law & Public Policy ~ Book PDF Kindle ePub Free

eBook details

Title: Antitrust and Positional Arms Races.
Author : Harvard Journal of Law & Public Policy
Release Date : January 22, 2007
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 283 KB

Description

The idea of "winner take all" markets, or harmful "positional races" as the phenomenon is sometimes called, (1) directly clashes with the philosophy of antitrust regulation. (2) Antitrust law advocates competition as the means of achieving its ultimate goal of maximizing welfare. (3) "Positional" competition, however, often produces suboptimal results. (4) Should antitrust law apply to winner-take-all markets, or should this field be left to other governmental regulation? This Note addresses the relevance of antitrust regulation to winner-take-all markets and proceeds as follows: Part I describes the phenomenon of suboptimal winner-take-all markets, sometimes called "arms races" because they spur participants to race for supremacy. Part II draws the basic lines of relevant antitrust law and considers "arms control agreements" as a tool for mitigating this kind of market failure. Part III is dedicated to a short, positive analysis of such agreements under Section 1 of the Sherman Act. In Part IV, some thoughts on normative and institutional reasons underlying the analysis in Part III are presented. Finally, Part V outlines the conclusions.