Robert Bork

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The Curse of Bigness: Antitrust in the New Gilded Age

by Tim Wu  · 14 Jun 2018  · 128pp  · 38,847 words

America be that of competition or that of monopoly?” What happened? The law is currently suffering from an overindulgence in the ideas first popularized by Robert Bork and others at the University of Chicago over the 1970s. Bork contended, implausibly, that the Congress of 1890 exclusively intended the antitrust law to deal

, the school founded by John D. Rockefeller, and in the person of a professor named Aaron Director, and a particularly brilliant student of his named Robert Bork. The Rise of the Chicago School Since at least Adam Smith’s day, economists have favored competition and condemned monopoly. For most of the twentieth

influenced students and colleagues like John McGee (who attacked the Standard Oil decision), Ward Bowman (“Tying Arrangements and the Leverage Problem”), and future federal judges Robert Bork, Richard Posner, and Frank Easterbrook. To various degrees they tended to share Director’s method and assumptions. As McGee once put it, one must begin

in a form usable by attorneys and judges. Fortunately for him, he would find his advocate in the greatest and most loyal of his students. Robert Bork was born in Pittsburgh and grew up in the suburb of Ben Avon. His father was in the steel industry, and his mother was a

that “Bork’s legacy is an oversimplified economics that often rests on unfounded or disproven assumptions.” In truth, clad in the costume of economic rigor, Robert Bork’s attack on antitrust was really laissez-faire reincarnated, without the Social Darwinist baggage, and with a slightly less overt worship of monopoly—but with

William McKinley. *The core of MS-DOS, moreover, was acquired from another firm, Seattle Computer Products. Chicago Triumphant If the public now knows the name Robert Bork, it is for his failure to become confirmed to the Supreme Court in the 1980s, yielding the verb “to Bork” a candidate. But in retrospect

case, which lasted an extraordinary thirteen years (including six years of trial), came under extraordinary attack. It was dubbed “the antitrust division’s Vietnam” by Robert Bork and a “monument to arrogance” by scholar John Lopatka. Steven Brill, the founder of American Lawyer, wrote a scathing attack on the IBM trial, depicting

Antitrust I Learned in 1912” in the Iowa Law Review (2015). The best way to learn about the Chicago School of antitrust is by reading Robert Bork’s The Antitrust Paradox (1978). Another lively read is Richard Posner’s “The Chicago School of Antitrust Analysis,” in volume 127 of the University of

New York Times, Sept. 16, 2004. 88 “only that value we would today call consumer welfare”: “Legislative Intent and the Policy of the Sherman Act,” Robert H. Bork, Journal of Law and Economics, 1966. 89 “a kingly prerogative”: Trusts, Speech by John Sherman to the U.S. Senate, 1890. 89 “Bork’s

Am., 148 F.2d 416 (2d Cir. 1945). 90 “a value will be announced as pertinent”: “Legislative Intent and the Policy of the Sherman Act,” Robert H. Bork, Journal of Law and Economics, 1966. 91 “oversimplified economics”: “Antitrust Made (Too) Simple,” Christopher R. Leslie, Antitrust Law Journal, 2014. CHAPTER FIVE 94 “unless

His citation: “R. Bork”: Reiter v. Sonotone Corp., 442 U.S. 330 (1979) (Burger, C.J.). 104 “sheriff of a frontier town”: The Antitrust Paradox, Robert Bork, Free Press, 1978. 104 “The persistent dominance of an industry”: “Dominant Firms and the Monopoly Problem: Market Failure Considerations,” Oliver E. Williamson, Harvard Law Review

Evil Geniuses: The Unmaking of America: A Recent History

by Kurt Andersen  · 14 Sep 2020  · 486pp  · 150,849 words

the right to recover, fortify, and expand their economic and political power. And both shared key promoters, of whom probably the single most important was Robert Bork. Bork was a founder of originalism in the 1970s, and in 1986 he was in the running for an open Supreme Court seat (as he had

antitrust decisions dozens of times. Just like that, economic efficiency as measured by prices became “the stated goal in antitrust” exclusively. “Antitrust was defined by Robert Bork,” says the University of Arizona law professor and antitrust specialist Barak Orbach. I cannot overstate his influence. Any antitrust person would tell you the same

rules spun out of our antitrust laws for more than a century—and, crucially, the interpretation of those laws by courts and judges, interpretations that Robert Bork and the Law and Economics movement so effectively changed in favor of big business. The word antitrust was coined back in 1890 when Congress passed

of Law and Economics, the movement that was busy encoding the preferences of the economic right into the legal and judicial system. (Not present was Robert Bork’s Yale Law School pal Guido Calabresi, another founder of the movement who’d just become a federal appeals court judge appointed by…President Clinton

the political economy made by the right and big business. I’ve talked about the legal right’s struggle from the 1960s through the ’80s—Robert Bork, the Law and Economics movement—to narrow and undermine antitrust, how they weakened the underpinnings and enforcement of the laws against excessive corporate economic power

York: Farrar, Straus & Giroux, 2009. Blumenthal, Sidney. The Rise of the Counter-Establishment: The Conservative Ascent to Political Power. New York: Union Square Press, 2008. Bork, Robert H. The Antitrust Paradox: A Policy at War with Itself. New York: Basic Books, 1978. ———. “Neutral Principles and Some First Amendment Problems.” Indiana Law Journal

the Low-Hanging Fruit of Modern History, Got Sick, and Will (Eventually) Feel Better. New York: Dutton, 2011. Crane, Daniel A. “The Tempting of Antitrust: Robert Bork and the Goals of Antitrust Policy.” Antitrust Law Journal 79, no. 3 (2014): 835–53. Cullen, Jim. The American Dream: A Short History of an

The Quiet Coup: Neoliberalism and the Looting of America

by Mehrsa Baradaran  · 7 May 2024  · 470pp  · 158,007 words

were political speech that was protected under the First Amendment. The case was not a straightforwardly partisan issue. President Gerald Ford sent his solicitor general, Robert Bork, to fight FECA’s mandate before the Court, but the administration took no official position. (Incidentally, Nixon had promised Bork a seat on the Supreme

expressing “profound misgivings” with “large-scale or long-distance transportation of students in … metropolitan school districts.” In Milliken v. Bradley, decided in 1974, Solicitor General Robert Bork defended the state of Michigan’s redistricting plan as compliant with Brown. The NAACP had challenged the state’s desegregation program for fifty-three segregated

forty students and took place in the biology building a few blocks away from the law school, the Federalist Society meeting—which was keynoted by Robert Bork, then a Yale law professor—drew two hundred students from across the country. The Times reported that the Federalist Society had raised $24,000 from

faced stiff opposition from Democrats, who called him “an ideological extremist.” Senator Edward Kennedy famously took to the Senate floor to level a strong condemnation: Robert Bork’s America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could

, Mises, and the building of the MPS. He viewed antitrust laws as akin to socialism and urged Chicago scholars to build a case against it. Robert Bork, who graduated from Chicago Law in 1953, studied under Director, who taught courses in antitrust using economic theory. Bork became, alongside Director, one of the

the case were far broader than he perceived. One clue was that the bank arguing against the interstate enforcement of usury law was represented by Robert Bork, whose efforts to deregulate banking were well-known. At the time, however, banks were still heavily regulated from all sides, including by size and geographical

and projection. Prefiguring Lewis Powell’s memo calling businessmen “the real victims,” Richard Nixon’s private antisemitic tirades against his enemies in the media, and Robert Bork and the Federalist Society’s self-description as a besieged minority, Buchanan flipped the charge of discrimination back on activist groups to argue that it

Is a Host to Two Meetings About Politics,” New York Times, May 2, 1982, 53. 7. “About Us,” Federalist Society, accessed September 26, 2023. 8. Robert Bork, “Civil Rights—A Challenge,” New Republic 31 (1963): 21. 9. Stuart Taylor Jr., “Bork at Yale: Colleagues Recall a Friend but a Philosophical Foe,” New

Legal Realism.” University of Chicago Law Review 68 (2001): 279, 295. 13. U.S. Congress, Senate, Committee on the Judiciary, Hearing on Nomination of Robert H. Bork to Be Associate Justice of the Supreme Court of the United States, 100th Cong., 1st sess., 1987, 33 (statement of Sen. Kennedy). 14. “Federal Judicial

, 184 Bolton, John, 89 bond traders, 272 bonuses, 286 “boomerang,” imperial, 35, 51, 70 boomers, 349 Bork, Robert, 109, 120, 125, 138–41, 145, 154, 157, 207, 225, 239, 256, 323 The Antitrust Paradox, 157 Bork, Robert (continued) Slouching Toward Gomorrah: Modern Liberalism and American Decline, 139 Bowen, Howard The Social Responsibilities of the

The Finance Curse: How Global Finance Is Making Us All Poorer

by Nicholas Shaxson  · 10 Oct 2018  · 482pp  · 149,351 words

, who would go on to make a name for himself attacking government regulation, the British economist Ronald Coase and a fire-breathing conservative lawyer called Robert Bork.1 The University of Chicago in those days was a bear pit, an arena of intense macho intellectual combat where academics were constantly struggling to

1983 a group of Chicago-school economists was reminiscing about – one might even say gloating over – this power grab. There was a short exchange between Robert Bork, Richard Posner, an influential pro-monopoly jurist and economist, and Henry Manne, another influential (and corporate-funded) economist. Manne was an associate of the libertarian

when compared to the devastating blows that were to come from inside America itself, from Aaron Director’s students and dinner guests and above all Robert Bork. Bork was a cantankerous lawyer who had been growing steadily more agitated about impending moral collapse. He blamed feminists, multiculturalists, gays, pornographers and most especially leftist

eventually bring down President Nixon in 1974, a dismissal that was later ruled illegal. Years later Senator Edward Kennedy would denounce him in these terms: Robert Bork’s America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could

of our democracy.12 Bork denied these charges and his record was more nuanced than Kennedy’s picture suggests, but there is no doubting it: Robert Bork was a scary piece of work. Bork’s singular – and colossal – contribution to the game at hand was a little firecracker of a book published

companies together is to create monopolising market power in the niches where they operate, which was much harder to do in the old days before Robert Bork, when governments took monopolies seriously. As an example City & County, which owns Careline, is now the largest independent provider of home care services in the

Big Four are expected to earn £50 million or so from the clean-up.32 The essence of the problem is one that any pre-Robert Bork anti-monopolist would recognise: firms with immense market power derived from profitable conflicts of interests embedded in their business models, incentivised to exploit and profit

”’. The spur to the change was the desire to allow large British corporations to compete with the then-dominant US multinationals. 12. This section on Robert H. Bork brings together different time periods. For the Kennedy quote, See Congressional Record – Senate, 1 July 1987, p.18519. Bork’s allies took a different

have to spend too much on loss-making strategies to make those losses worthwhile. He credited Director with some of these insights (see for instance Robert H. Bork and Ward S. Bowman Junior, ‘The Crisis in Antitrust’, Fortune, December 1963), which laid out some of the arguments that would emerge in Bork

, Jack 64–5, 78, 93 BNY Mellon 220 BNY Trust Company 221 Böhringer, Christoph 253 Bolton, Sir George 52, 53 Bomans, Erik 96 Bono 122 Bork, Robert 72, 74, 78–80, 81, 91, 100, 237; The Antitrust Paradox 79–80, 86, 87, 98 Bosworth-Davies, Rowan 144–6 Brandeis, Louis 22, 75

Move Fast and Break Things: How Facebook, Google, and Amazon Cornered Culture and Undermined Democracy

by Jonathan Taplin  · 17 Apr 2017  · 222pp  · 70,132 words

-baron capitalism took on a new form in the digital age. CHAPTER SIX Monopoly in the Digital Age Competition is for losers. —Peter Thiel 1. Robert Bork did more than any individual in the twentieth century to embed the libertarian free-market principles of Ayn Rand and Milton Friedman into the heart

of private behavior threatened freedom.” Google, Amazon, and Facebook are all monopolies that would be prosecuted under antitrust statutes if it hadn’t been for Robert Bork. From the Ford administration all the way through to the Obama White House, Bork’s principles as expressed in The Antitrust Paradox, encouraging mergers and

under Reagan to continue… cut the number of big firms from more than fifty to six.” And of course since Clinton, the libertarian theories of Robert Bork have continued to rule in the George W. Bush and Obama administrations and were reflected in a key 2004 opinion by Supreme Court justice Antonin

would only increase. The final irony is that the FTC’s decision not to prosecute Google was influenced heavily by a paper that Google paid Robert Bork (shortly before he died) and Gregory Sidak to write for them. Bork and Sidak’s argument said: “[The fact] that consumers can switch to substitute

the Guardian stated, “Were Google a manufacturer, say, a monopoly such as it has over internet search would never be allowed.” But the ghost of Robert Bork is whispering in my ear: “Why does this matter to society? Where is the harm?” The same Guardian article says, “Google’s dominance is self

American capitalism goes to the heart of whether Tim Berners-Lee’s vision of a “re-decentralized web” can actually be fulfilled. To my mind, Robert Bork’s notion that the only stakeholder that matters in antitrust considerations is the consumer runs counter to every belief Americans have held about the role

guess, but it might just have to come from a state attorney general rather than the federal government, which seems to have totally bought into Robert Bork’s theory of antitrust. 4. There is one more aspect of the digital future that is potentially troubling: the lack of competition in the broadband

-video. Kurt Andersen, “You Say You Want a Devolution?” Vanity Fair, January 2012. Chapter Six: Monopoly in the Digital Age Much of the research on Robert Bork came from an interview with former secretary of labor Robert Reich, who was both a student and a research assistant to Bork in the 1970s

. Robert Bork, Antitrust Paradox (New York: Basic Books, 1978). Barry Lynn, Cornered: The New Monopoly Capitalism and the Economics of Destruction (New York: John Wiley and Sons,

The Right to Earn a Living: Economic Freedom and the Law

by Timothy Sandefur  · 16 Aug 2010  · 399pp  · 155,913 words

,” and in the process they often ignore or misrepresent the long and respectable tradition of substantive due process theory.113 Robert Bork One of the chief critics of Lochner and its legacy is Robert Bork, who has developed an elaborate argument that substantive due process lies at the root of most of America’s

C. Miller III and Paul Pautler, “Predation: The Changing View in Economics and the Law,” Journal of Law and Economics 28 (1985): 495–502; and Robert H. Bork, The Antitrust Paradox: A Policy at War with Itself (New York: Free Press, 1993), p. 154 (“predation by such techniques is very improbable . . . [and

. 378, 393 (1856) (Opinion of Comstock, J.) 45. Murray’s Lessee v. Hoboken Land & Improvement Co., 59 U.S. (18 How.) 272, 276 (1856). 46. Robert Bork, for example, has argued that the term “due process” is “simply a requirement that the substance of any law be applied to a person through

. (19 How.) at 450. 125. Graber, Dred Scott, p. 64. 126. Bork, Tempting of America, pp. 44–45. 127. Ibid., p. 124. 128. Ibid. 129. Robert Bork, Slouching towards Gomorrah (New York: HarperCollins, 1996), p. 63 (quoting Irving Kristol). 130. Bork, Tempting of America, p. 139. In another place, Bork has claimed

that “only a legal-positivist judge can be an adherent of the Framers’ original intent.” Robert H. Bork, “Original Intent and the Framers of the Constitution: A Disputed Question,” book review, National Review, February 7, 1994, p. 61 (1994 WLNR 3412460). 131

owe this reference to Eugene Volokh. 132. James Madison, “Charters,” in Madison: Writings, ed. Jack Rakove (New York: Library of America, 1999) p. 502. 133. Robert H. Bork, Coercing Virtue (Washington: American Enterprise Institute, 2003), pp. 11–12. 134. Seminole Tribe of Florida v. Florida, 517 U.S. 44 (1996) (Souter, Ginsburg

, 168–69 Blaisdell. see Home Building & Loan Assoc. v. Blaisdell Blodget, Samuel, 28 BMW v. Gore, 242–43 Bogen, David Skillen, 288 Bolick, Clint, 287 Bork, Robert, on Lochner, 110–14 Bowes, Ralph, 18 boycotts and similar agreements, 22 Bradwell, Myra, 43 brain drain, 291 Brandeis, Louis, 8, 12, 108, 121, 124

The Economists' Hour: How the False Prophets of Free Markets Fractured Our Society

by Binyamin Appelbaum  · 4 Sep 2019  · 614pp  · 174,226 words

that Levi had told us the preceding four days was nonsense,” recalled one student. For some it was a religious experience. “We became Janissaries,” said Robert Bork, an early student who was one of the most influential popularizers of Director’s ideas.* Ronald Coase, a colleague who later won the Nobel Prize

, Congress had reinforced the Sherman Act by passing the Robinson-Patman Act, which specifically prohibited large companies from charging lower prices to undermine local rivals. Robert Bork described the verdict as a violation of the laws of economics. The defendants, he wrote, “were convicted not of injuring competition but, quite simply, of

,” Hauk said, “life is best explained not by religion, not by law, but by economics.”57 To justify the insertion of economics into antitrust law, Robert Bork rewrote history. After graduating from Chicago, Bork had become a professor at Yale Law School — where his students dubbed his class on antitrust law “protrust

of both products boomed, but profit margins narrowed and Liggett sued, just like Utah Pie had a quarter century before. Brown and Williamson, represented by Robert Bork, argued Liggett was attempting to suppress competition, and that ruling in its favor would teach companies that “it is dangerous to compete.”81 In ruling

Airport to get a better view; as a law student, he spent leisure hours reading Aviation Week. And one of his favorite law school professors, Robert Bork, had sparked his interest in the application of economics to legal questions. As a result, Levine had spent a fair amount of time thinking about

. 13. Brown Shoe Co. v. United States, 370 U.S. 344 (1962). 14. United States v. Von’s Grocery Co., 384 U.S. 270 (1966). Robert Bork made the same point more colorfully in his The Antitrust Paradox: A Policy at War with Itself (New York: Basic Books, 1978), writing that antitrust

. Rec. 4100 (1890). In the words of the Columbia University historian Richard John, “Few historians, if any, who have examined the 1890 antitrust act share Robert Bork’s conviction that its original intent can be found in the determination of lawmakers to maximize consumer welfare. It’s simply not true.” See Richard

. By the time the case reached the Supreme Court in 1978, it had been joined by a similar suit from Minnesota. The Omaha bank hired Robert Bork to make its case. His job was straightforward. The law was clear, and the court ruled unanimously that banks with national charters could legally make

, ref1; and Milton Friedman, ref1, ref2; and Richard Nixon, ref1, ref2, ref3; and Ronald Reagan, ref1, ref2, ref3, ref4 Angermueller, Hans H., ref1 antitrust regulation: Robert Bork on, ref1, ref2, ref3, ref4; and Jimmy Carter, ref1, ref2; and corporations, ref1, ref2, ref3, ref4, ref5, ref6, ref7, ref8, ref9, ref10; and efficiency, ref1

Bhagwati, Jagdish, ref1, ref2 Bingham, Eula, ref1 Blair, Tony, ref1, ref2 Blinder, Alan, ref1, ref2 Blumenthal, W. Michael, ref1, ref2, ref3, ref4 Bolsonaro, Jair, ref1 Bork, Robert, ref1, ref2, ref3, ref4, ref5, ref6, ref7, ref8 Born, Brooksley, ref1, ref2 Brandeis, Louis, ref1 Brash, Don, ref1, ref2 Brazil, ref1, ref2, ref3, ref4 Brennan

City, financial crisis of, ref1, ref2 New Zealand, ref1, ref2 Niskanen, William, ref1, ref2 Nixon, Richard: and airline industry, ref1; and automobile industry, ref1; and Robert Bork, ref1; and Arthur Burns, ref1, ref2, ref3, ref4, ref5, ref6, ref7, ref8; and Camp David, ref1; and Chile, ref1; and China, ref1, ref2, ref3; and

Kill Switch: The Rise of the Modern Senate and the Crippling of American Democracy

by Adam Jentleson  · 12 Jan 2021  · 400pp  · 108,843 words

his entire career. IN 1987, President Reagan made a surprising choice to replace the retiring Supreme Court Justice Lewis Powell: a right-wing ideologue named Robert Bork. A darling of conservatives and a bête noire of liberals, Bork had wielded the knife in Nixon’s Saturday Night Massacre. After the top two

courting trouble, and Reagan got it. On the Senate floor, Senator Ted Kennedy of Massachusetts delivered one of the most consequential speeches of his career. “Robert Bork’s America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could

. 8.Wilentz, Sean. The Age of Reagan: A History, 1974–2008. New York: HarperCollins, 2008. 51. 9.Ring, Trudy. “Robert Bork’s Antigay Record.” Advocate. December 19, 2012. 10.Sen. Kennedy (MA). “Nomination of Robert Bork.” Congressional Record 133, Pt. 14 (July 1, 1987). 18519. 11.Marcus, Ruth. Supreme Ambition. New York: Simon & Schuster

, 127–28 “Board of Education” (drinking club), 87 Boehner, John, 135, 136, 224–25 Bond, Julian, 143 Bopp, James, Jr., 194, 220 border wall, 235 Bork, Robert, 184–86 Boxer, Barbara, 115 Brady Campaign Against Gun Violence, 18 Breeden, Shirley, 156 Bresnahan, John, 228 Bridges, Styles, 163–64 Broken Branch, The (Mann

Ramirez, Deborah, 231 Randolph, John, 48, 49 Rayburn, Sam, 87–88, 93 Read, James H., 58 Reagan, Ronald, 147–50 Roger Ailes and, 190 and Robert Bork nomination, 184–86 California abortion legislation, 130 Richard DeVos and, 193 election of 1976, 147–49 election of 1980, 149 election of 1984, 190 Jerry

for filibuster, 77 and universal background check legislation, 44 use by southerners in civil rights debates, 69 U.S. Court of Appeals D.C. Circuit Robert Bork and, 185 Citizens United case, 218 Merrick Garland and, 183, 228 Brett Kavanaugh and, 203 Utah, 138 Value Voters Summit, 231 Vandenberg, Arthur, 79 Vavreck

The America That Reagan Built

by J. David Woodard  · 15 Mar 2006

in 5-to-4 104 THE AMERICA THAT REAGAN BUILT decisions.1 To tip the balance of power in favor of the conservatives, Reagan nominated Robert Bork, a District of Columbia federal appeals judge known for his articulate and outspoken convictions. If confirmed, Bork would be the nation’s 104th Supreme Court

justice and a reliable vote for strict interpretation. The nomination set the stage for one of the biggest political battles of the decade. Robert Bork was born in 1927; he earned a law degree at the University of Chicago, and subsequently taught at Yale Law School. There he became one

some of his positions to be acceptable to Democrats in Congress, Judge Bork alienated his supporters and further infuriated his detractors. All parties acknowledged that Robert Bork was one of the most astute legal scholars in the country; the American Bar Association gave him its highest rating, ‘‘exceptionally well-qualified.’’ But the

of Light 105 of judicial independence from politics was at stake. On October 23, 1987, the Senate voted 58 to 42 against the nomination of Robert Bork to the U.S. Supreme Court.7 The day after Bork’s repudiation by the Senate, President Reagan vowed, ‘‘My next nominee for the court

. Office in China, director of the Central Intelligence Agency, and as vice-president, heir apparent to the Reagan legacy. The hauteur of Democratic questions to Robert Bork was familiar to him. In the entire time he had been in Washington, the Democratic Party was dominant in the U.S. Congress, and Republicans

with the Watergate scandal, and he was faced with the unenviable task of rebuilding morale in the dispirited party after the scandal. The same month Robert Bork was rejected, George Bush made his announcement to run for president. As a high school band played ‘‘The Yellow Rose of Texas’’ at the Hyatt

ideal of leadership in the legal fight for civil rights. Amid all the staff turmoil, the president faced a Supreme Court appointment fight reminiscent of Robert Bork. 140 THE AMERICA THAT REAGAN BUILT The president’s choice for the Court was a forty-three-year-old, conservative African American from Pinpoint, Georgia

Closing of the American Mind: How Higher Education Has Failed Democracy and Impoverished the Souls of Today’s Students. New York: Simon and Schuster, 1987. Bork, Robert H. Slouching Toward Gomorrah. New York: Regan Books, 1996. Bourne, Peter G. Jimmy Carter: A Comprehensive Biography from Plains to the PostPresidency. New York: Scribner

, 226 Bitburg fiasco, 87–88, 92 Black Monday, 63–64 Boesky, Ivan, 67–68 boll weevils, 36, 47, 79 Bonfire of the Vanities (Wolfe), 66 Bork, Robert, 104–5 Bosnia, 189–91 Brady Gun Law, 202 Branch Davidians, 154–55, 177 Brawley, Tawana, court case, 75 Bremer, Paul, U.S. civil administrator

The Myth of Capitalism: Monopolies and the Death of Competition

by Jonathan Tepper  · 20 Nov 2018  · 417pp  · 97,577 words

in today can be traced back to the economists of the Chicago School. We would not have highly concentrated industries if it were not for Robert Bork and the Chicago School. Like all revolutions, an organized group of ideologues developed the ideas and spread them zealously. The Chicago School, led by Milton

'll never know how much damage he caused. Yet if there is one man who is responsible for the revolution in antitrust thinking, it is Robert Bork. Most American baby boomers remember him for his highly charged Supreme Court nomination hearings in 1987. Other readers may remember him as the only man

willing to fire Special Prosecutor Archibald Cox at President Richard Nixon's orders in the Saturday Night Massacre. In the 1960s, Robert Bork published a series of highly influential articles that were hand grenades. His writing was brilliant, original, and entirely wrong. He attacked the state of antitrust

4, no. 2 (June 1, 2008), pp. 433–447, https://doi.org/10.1093/joclec/nhm029. 16. Orley Ashenfelter, Daniel Hosken, and Matthew Weinberg, “Did Robert Bork Understate the Competitive Impact of Mergers? Evidence from Consummated Mergers,” The Journal of Law and Economics 57, no. S3 (August 2014): S67–S100, https://doi

Through an Ordoliberal Lens (March 1, 2015). Available at SSRN: https://ssrn.com/abstract=2579308 or http://dx.doi.org/10.2139/ssrn.2579308. 50. Robert H. Bork and Ward S. Bowman Jr, “The Crisis in Antitrust,” Columbia Law Review 65, no. 3 (1965). 51. Steven C. Salop, Symposium on Mergers and

, “The Chicago School of Antitrust Analysis,” University of Pennsylvania Law Review 127, no. 4 (April 1979): 925–948. 54. http://keever.us/greenspanantitrust.html. 55. Robert H. Bork, “The Goals of Antitrust Policy,” American Economic Review 57 (1967): 242. 56. B.Y. Orbach, “The Antitrust Consumer Welfare Paradox,” Journal of Competition Law

Influence and Merger Antitrust Reviews” (September 13, 2017). Available at SSRN: https://ssrn.com/abstract=2945020. 68. Orley Ashenfelter, Daniel Hosken, and Matthew Weinberg, "Did Robert Bork Understate the Competitive Impact of Mergers? Evidence from Consummated Mergers," The Journal of Law and Economics 57, no. S3 (August 2014): S67–S100. https://doi

, 103 Blade Runner (movies), 170–171 Blankfein, Lloyd, 189–190 Blonigen, Bruce, 40–41 Bogle, Jack, 202 Booth School of Business (University of Chicago), 163 Bork, Robert, 155, 157–159, 165 antitrust revolution, 238–239 Boston Dynamics, Google acquisition, 54 Boston Tea Party, reason, 236 Brandeis, Louis, 233, 237–238 Brands, ripoffs

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