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Antitrust Skeptic’s Bibliography

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Antitrust Skeptic’s Bibliography

Selected Readings on Antitrust Regulation

For more than two decades, the willingness of policy makers to rethink the presumption that economic regulation automatically benefits consumers has driven the deregulation of the transportation, telecommunications, banking, and electricity sectors. Yet antitrust regulation enjoys continued esteem in both the business and popular press. High-profile antitrust enforcement actions increasingly constitute a business hazard for aggressive, successful firms, threatening to disrupt innovation and economic growth. Since economic regulations—including antitrust—transfer wealth, they inevitably attract political entrepreneurs seeking entry or price regulation to hobble or preempt competition. Thus, a more skeptical interpretation of antitrust activism is that antitrust benefits political "entrepreneurs" rather than consumers. Such enforcement for competitive advantage often harms consumers by increasing prices and decreasing output by undermining little-understood efficiencies. Rethinking the true impact of these practices, from "collusion" to "predatory pricing" to "discrimination," should be a goal of policy makers.

Books and Chapters

Clyde Wayne Crews, Jr. and Adam Thierer, Introduction to What’s Yours Is Mine: Open Access and the Rise of Infrastructure Socialism Cato Institute, 2003. Yours %20Intro.pdf

Clyde Wayne Crews, Jr. and Adam Thierer, Introduction to Who Rules the Net, Cato Institute, 2003. %20Intro.pdf

Antitrust, Chapter 39 in the Cato Handbook for Policy, 6th Edition, 2005. (Prepared by Robert A. Levy.) 109-39.pdf

R. W. Grant, Tom Smith and His Incredible Bread Machine, Competitive Enterprise Institute reprint, 1998. (A comic-book-and-poem introduction to antitrust’s perils for the most productive.)

D. T. Armentano, Antitrust Policy: The Case for Repeal, Cato Institute, 1986. method=search&t=antitrust&a=&k=&aeid=&adv=&pg

William F. Shughart and Fred S. McChesney, eds., The Causes and Consequences of Antitrust: The Public-Choice Perspective, University of Chicago Press, 1994. 104-4229397-6529546?%5Fencoding=UTF8

Stan Liebowitz and Steve Margolis, Winners, Losers, and Microsoft: Competition and Antitrust in High Technology, Independent Institute, 1999.

Joseph A.Schumpeter, "The Process of Creative Destruction," Chapter VII from Capitalism, Socialism, and Democracy, Harper Colophon Books, Harper and Row, Publishers: New York, 1942, pp. 81-86. 1086 /sr=2-1/ref=pd_bbs_b_2_1/104-4229397-6529546?s=books&v= glance&n=283155

Jerry Ellig, ed., Dynamic Competition and Public Policy: Technology, Innovation, and Antitrust Issues, Cambridge University Press, 2001. Technology/dp/0521782503

Friedrich A. Hayek, "Competition as Discovery Procedure," Chapter 12 in New Studies in Philosophy, Politics, Economics and the History of Ideas, University of Chicago Press, 1978, pp. 179-190.

Journal Articles

Fred L. Smith Jr., "The Case For Reforming the Antitrust Regulations (If Repeal Is Not an Option)", Harvard Journal of Law and Public Policy, Vol. 23, No. 1, Fall 1999. pp. 23-58. (Link is to speech version.)

Robert D. Tollison, "Public Choice and Antitrust," Cato Journal, Vol. 4, No. 3, Winter 1985, pp. 905-916.

Thomas J. DiLorenzo, "The Antitrust Economists' Paradox," Austrian Economics Newsletter, Ludwig von Mises Institute, Summer 1991, pp. 1-6.

Ronald A. Cass and Keith N. Hylton, "Tying Doctrine: Changing Views," National Law Journal, June 28, 2004.

Ronald A. Cass and Keith N. Hylton, "Preserving Competition: Economic Analysis, Legal Standards, and Microsoft" George Mason Law Review, 8 Volume 1, 1999.

Fred S. McChesney, "Antitrust and Regulation: Chicago's Contradictory Views," Cato Journal, Vol. 10, No. 3, Winter 1991, pp. 775-798.

Thomas DiLorenzo and Jack High, "Antitrust and Competition, Historically Considered," Economic Inquiry, Vol. XXV, July 1987, pp. 543-545.

Walter Block, "Total Repeal of Antitrust Legislation: A Critique of Bork, Brozen, and Posner," Review of Austrian Economics, Vol.8, No. 1, 1994, pp. 35-70.

Jack High, "Bork's Paradox: Static vs. Dynamic Efficiency In Economic Analysis," Contemporary Policy Issues, Winter 1984-85, pp. 21-34.

Stan Liebowitz and Steve Margolis, "Path Dependence, Lock-in and History," Journal of Law, Economics and Organization, April 1995 11-1, pp 205-226.

Stan Liebowitz and Steve Margolis, "The Fable of the Keys" Journal of Law and Economics, April 1990, 33-1 pp. 1-26.

Stan Liebowitz, "An Expensive Pig in a Poke: Estimating the Costs of the District Court’s Proposed Breakup of Microsoft," George Mason Law Review, 3 Volume 9, Spring 2001, pp. 727-760.

William Shughart and Richard B. McKenzie, "Is Microsoft a Monopolist?" Independent Review, 3 (Fall 1998), pp. 165−97. Monopolist.pdf

William Shughart, "Barbarians at Bill Gates," The Freeman, 50, April 2000, pp. 23−29.

Faith, Leavens, and Tollison, "Antitrust Pork Barrel," Journal of Law and Economics, Vol. 15, October 1982.

Baumol and Ordover, "Use of Antitrust to Subvert Competition," Journal of Law and Economics, Vol. 28, May 1985.

Armentano, D. T., "Efficiency, Liberty, and Antitrust Policy," pp. 925-932.

Frank H. Easterbrook, "The Limits of Antitrust," Texas Law Review, Vol. 63, No. 1 (1984) Easterbrook .htm

William F. Shughart II, and Robert D. Tollison, "The Positive Economics of Antitrust Policy: A Survey Article," International Review of Law and Economics, (1985), 5, pp. 39-57. 45R2J6H-5-1&_cdi=5846&_user=10&_orig=browse&_coverDate=06% 2F30%2F1985&_sk=999949998&view=c&wchp=dGLbVtb-zSkzk&md5= a014077e24693f0cb6da8c71ffe00abb&ie=/sdarticle.pdf

Thomas W. Hazlett, "Predation in Local Cable TV Markets," 40 Antitrust Bull. 609, 616-17 (1995).

Robert W. Crandall and Clifford Winston, "Does Antitrust Policy Improve Consumer Welfare? Assessing the Evidence" Journal of Economic Perspectives, Vol. 17, No. 4 (Autumn, 2003), pp. 3-26.

Jerry Ellig, "Untwisting the Strands of Chicago Antitrust," The Antitrust Bulletin, 37:4 (Winter 1992), pp. 863-79.


Clyde Wayne Crews, Jr., The Antitrust Modernization Commission: Proposed Issues for Reform. Comment by the Competitive Enterprise Institute Submitted to the Antitrust Modernization Commission, September 30, 2004.

Policy Reports

Clyde Wayne Crews, Jr., Antitrust Policy as Corporate Welfare, CEI Issue Analysis, July 1997.

Robert A. Levy, "Microsoft And The Browser Wars: Fit To Be Tied," Cato Policy Analysis No. 296, February 19, 1998.

Robert Merges, "Compulsory Licensing vs. the Three ‘Golden Oldies’: Property Rights, Contracts and Markets," Cato Policy Analysis No. 508, January 15, 2004.

Donald J. Boudreaux and Andrew Kleit, How the Market Self-Polices Against Predatory Pricing, CEI Issue Analysis, June, 1996.

Donald J. Boudreaux and Andrew Kleit, Cleaning Hands In Predation Cases: A Modest Proposal to Improve Predatory-Pricing Suits, CEI Issue Analysis, October 1996.

William F. Shughart II, "The Government's War on Mergers: The Fatal Conceit of Antitrust Policy," Cato Policy Analysis No. 323, October 22, 1998.

Stan Liebowitz, "Windows and the ‘Applications Barrier to Entry’: Fact or Fantasy?" CEI OnPoint, No. 56, January 18, 2000.

Clyde Wayne Crews, Jr., "Network Effects: Does Luck or Talent Rule the High-Technology Market?" CEI OnPoint, No 2, February 27, 1998.

James V. DeLong, "Ignorance Is Us: Toys, Music, and Antitrust Regulations," CEI OnPoint, No. 70, September 13, 2000.

Zachary Courser, "Wal-Mart and the Politics of American Retail," CEI Issue Analysis, 2005 No. 10, November 18, 2005.

James V. DeLong, "Online Travel Services: The Antitrust Assault on Orbitz—and on Consumers," Cato Policy Analysis No. 441, June 6, 2002.

Magazine/Newspaper Articles

Fred L. Smith Jr., "Why Not Abolish Antitrust?" Regulation, January-February 1983. pp. 23-33.

Stan Liebowitz and Steve Margolis, "Path Dependence: From Qwerty To Windows," Regulation Magazine, Fall 1995, pp. 35-42.

Clyde Wayne Crews, Jr., "Antitrust: Sherman’s March Across the Globe," EU Reporter, September 13-17, 2004, p. 3.

George Bittlingmayer, "The Antitrust Emperor's Clothes," Regulation, Fall 2002.

Fred McChesney, "Talking 'Bout My Antitrust Generation," Regulation, Fall 2004, pp. 48-55.

Robert A. Levy, "Antitrust: The Case for Repeal," The American Spectator, January 11, 2003.

William Shughart, "Private Antitrust Enforcement: Compensation, Deterrence, or Extortion?" Regulation, Fall 1990, pp. 53−61.

James V. DeLong, "The New Trustbusters: What's Behind the Resurgence of Antitrust Activism—and Why It's Bad News for Consumers," Reason, March 1999.

Gabriel Calzada, "Incompetent Europe," Spain Herald, April 6, 2006.

George Bittlingmayer, "Trustbusting: Past and Prologue," Jobs & Capital (predecessor to Milken Review), Winter 1997.

Ronald A. Cass, "Antitrust a la Carte," The Wall Street Journal, December 16, 2005.

Stan Liebowitz, "Should Microsoft be broken Up: No" (Counterpoint to a "Yes" column by Ralph Nader) The Dallas Morning News, January 30, 2000.

William Shughart and Richard B. McKenzie, "Why the Case for a Breakup Breaks Down ,"The Wall Street Journal, 25 April 2000, p. A26. 20a%20Breakup%20Breaks%20Down%20WSJ042500.htm

James V. DeLong, "The Goose With the Golden Egg Is Being Led to Slaughter," The Los Angeles Times, May 20, 1998.

Clyde Wayne Crews, Jr., "Micro-Managing Bill Gates," The Washington Times, March 2, 1998.