Document Type

Book Review

Publication Date

2007

Abstract

Just over twenty years ago, Frank Easterbrook proposed renaming the Chicago School of antitrust analysis the “Workable Antitrust Policy School,” in recognition of its skepticism about “the ability of courts to make things better even with the best data.” Richard Epstein's brief study of consent decrees is in this tradition of circumspection in antitrust matters. Epstein proposes to analyze “the role consent decrees play in the antitrust law” by examining “the factual and legal disputes that gave rise” to various decrees. He finds many decrees of the past century misguided in their ambition, but concludes, on the evidence of the 2002 Microsoft decree, that the Antitrust Division, for the moment, has learned the virtues of minimalism -- that less is more. His goal in the book is to buttress this new approach against any future backsliding by providing “a better understanding of why [the recent changes] count as improvements.”

Comments

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