The Antitrust Paradox: A Policy at War with Itself

In the Antitrust Paradox, Judge Robert H. Bork gives a fascinating, though demanding, review of the most important antitrust issues in the United States. The central, pragmatic thesis of Bork is maximization of consumer welfare (also called economic efficiency) and not the protection of small businesses in addressing any antitrust issue. Unfortunately, the legislative, executive and judiciary branches of power as well as the practicing bar have not always shown consistency in making, interpreting, and applying antitrust rules. The main reason for their shared sub-optimal performance in that area is the too-often absence of a rudimentary understanding of market economics according to Bork. As a practicing marketer and lawyer, I agree with his observation. Law and economics are two complementary disciplines that should be taught together as part of the academic requirements or at least whose teaching could be made optional at the undergraduate level in our universities.

The Antitrust Paradox is the most important book on antitrust ever written. It is a scholarly, yet accessible, examination of the nation's antitrust laws, the history and policies behind them, and their application from their inception to today. Through the book and the policies advanced in it, Judge Bork has had a profound impact on antitrust scholarship and practice. As a result, the book is essential reading for antitrust practitioners, scholars, and those having any interest in the subject. Truly a seminal work.