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Getting Antitrust and History in Tune

Author

Listed:
  • Cheffins Brian R.

    (Professor of Corporate Law, Faculty of Law, University of Cambridge, Cambridge, UK)

Abstract

Antitrust is high on the reform agenda at present, associated with calls to “break up big tech.” Proponents of reform have invoked history with regularity in making their case. They say reform is essential to reverse the baleful influence of the Chicago School of antitrust, which, in their telling, disastrously and abruptly ended in the 1980s a “golden” era of beneficially lively antitrust enforcement. In fact, antitrust enforcement was, at best, uneven, from the early 20th century through to the end of the 1970s. As for the antitrust “counter-revolution” of the late 20th century, this was fostered as much by fears of foreign competition and skepticism of government regulation as Chicago School theorizing. The pattern helped to ensure that the counter-revolution was largely sustained through the opening decades of the 21st century. This article, in addition to getting antitrust and history in tune by drawing attention to the foregoing points, provides insights regarding antitrust’s future direction.

Suggested Citation

  • Cheffins Brian R., 2024. "Getting Antitrust and History in Tune," Accounting, Economics, and Law: A Convivium, De Gruyter, vol. 14(1), pages 67-131, February.
  • Handle: RePEc:bpj:aelcon:v:14:y:2024:i:1:p:67-131:n:3
    DOI: 10.1515/ael-2021-0084
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    More about this item

    Keywords

    antitrust; Chicago School; monopoly; oligopoly; foreign competition; deregulation;
    All these keywords.

    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
    • L12 - Industrial Organization - - Market Structure, Firm Strategy, and Market Performance - - - Monopoly; Monopolization Strategies
    • L13 - Industrial Organization - - Market Structure, Firm Strategy, and Market Performance - - - Oligopoly and Other Imperfect Markets
    • L40 - Industrial Organization - - Antitrust Issues and Policies - - - General
    • L41 - Industrial Organization - - Antitrust Issues and Policies - - - Monopolization; Horizontal Anticompetitive Practices
    • N42 - Economic History - - Government, War, Law, International Relations, and Regulation - - - U.S.; Canada: 1913-

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