Abstract
Professor Fox’s work of the 1980s set the framework for debating the shape of
antitrust law. She was prescient in noting the practical and political salience of the
Chicago school’s approach. This paper offers a European perspective on US debates
since that time. It examines why the dominant paradigm has been successful and
how it has been challenged. It examines three approaches: tinkering with the burden of proof, focusing on the competitive process and legislating away uncomfortable precedent. Each of these asks for a rethinking of our assumptions and perspectives about what it means to say that antitrust safeguards well-functioning markets.
antitrust law. She was prescient in noting the practical and political salience of the
Chicago school’s approach. This paper offers a European perspective on US debates
since that time. It examines why the dominant paradigm has been successful and
how it has been challenged. It examines three approaches: tinkering with the burden of proof, focusing on the competitive process and legislating away uncomfortable precedent. Each of these asks for a rethinking of our assumptions and perspectives about what it means to say that antitrust safeguards well-functioning markets.
| Original language | English |
|---|---|
| Title of host publication | Eleanor M. Fox |
| Subtitle of host publication | Antitrust ambassador to the world - Liber amicorum |
| Editors | Nicolas Charbit, Sébastien Garchot |
| Publisher | Concurrences |
| Pages | 103-127 |
| Number of pages | 25 |
| ISBN (Print) | 978-1-93007-97-1 |
| Publication status | Published - 27 Oct 2021 |