Lucid, highly readable, and full of rich social and political implications, “The Antitrust Paradox” illustrates how the purpose and integrity of law can be subverted. Winter Robert Bork, The Antitrust Paradox: A Policy at. War with Itself. Paul H. Brietzke. This Book Review is brought to you for free and open access by the. Jan 3, In his highly influential work, The Antitrust Paradox, Robert Bork asserted that the sole normative objective of antitrust should be to maximize.

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Several factors extend the tug. Newman, supra paradosat Partly due to the success of Amazon Web Services, Amazon has recently begun reporting consistent p….

Revising antitrust to reflect the dynamics of online platforms is vital, especially as these companies antltrust to mediate a growing share of communications and commerce. Ironically, the logic that is motivating investors—the idea that it is worth encouraging platfor….

In Brooke Group Ltd. The Chicago School critique came to shape Supreme Court doctrine on predatory pricing.

Amazon’s Antitrust Paradox

By instead relying primarily on price and output effects as metrics of competition, paadox risk overlooking the structural weakening of competition until it becomes difficult to address effectively, an approach that undermines consumer welfare.

In this context, the traditional distinction between loss leading and predatory pricing is strained. For an overview of public utility regulatory regim….

It is commonly used to denote a business the product or use of which serves the public generally. There would be no obvious conclusions if some consumers faced higher prices while others enjoyed lower ones.


I would think that their shipping policies might change soon as well. Amazon has followed up on this initial foray into fulfillment services by creating a logistics empire. The fact that Amazon has itself vertically integrated into book publishing—and hence can promote its own content—may give it additional leverage to hike fees.

This underscores a basic challenge of conducting recoupment analysis with Amazon: This doctrine imposes sharing requirements on a natural monopoly asset that serves as a necessary input in another market. I am not the first to argue that preserving a competitive process is vital to promoting competition.

Key is deciding whether we want to govern online platform markets through competition, or want to accept that they are inherently monopolistic or oligopolistic and regulate them instead. Notably, it is this last factor—its control over data—that heightens the anticompetitive potential of the first two.

Matt KrantzAmazon Breaks Barrier: In either case, Amazon would be recouping outside the original market where it sustained losses bestseller e-booksso courts are unlikely to look for or consider these scenarios. At a basic level this arrangement creates conflicts of interest, given that Amazon is positioned to favor its own products over those of its competitors.

David Streitfeldsupra note Heaps of scholarship delve into this legislative history. Amazon is paradoox the fact that some of its customers are also its rivals.

Yale Law Journal – Amazon’s Antitrust Paradox

Online commerce enables Amazon to obscure price hikes in at least two ways: While not captured by current antitrust doctrine, the pressure Amazon puts on publishers merits concern. Boek July 23,http: The New Monopoly Capit…. The other is to accept dominant online platforms as natural monopolies or oligopolies, seeking to regulate their power instead.


Times July 13,http: In Economics and the Public PurposeGalbraith concluded that centralized planning, rather than op…. Columbia Broadcasting System, Inc. A third and overriding political concern is that if the free-market sector of the economy is allowed to develop under antitrust rules that are blind to all but economic concerns, the likely result will be an economy so dominated by a few corporate giants that it will be impossible for the state not to play a more intrusive role in economic affairs.

The Abiding Influence of the Antitrust Paradox. Uber does not just lose money laradox the aggregate by reinvesting more than it generates, but also by pricing rides below what it pays drivers.

Antitrust Paradox – Robert H. Bork – Google Books

Industries that historically have been regulated as utilities include commodities water, electric power, gastransportation railroads, ferriesand communications telegraphy, telephones.

Leverage reflects the idea that a firm can use its dominance in one line of business to establish dominance in another. See Stuckesupra note 38; Horizontal Merger Guidelinessupra note 44, at 2. A nondiscrimination policy that prohibited Amazon from privileging its own goods and from discriminating among producers and consumers would be significant.