Despite receiving thorough analytic treatment from the judiciary and academy, and notwithstanding its sophisticated doctrine, antitrust law remains dogged by a profound incongruity, for precisely what the law condemns remains elusive. Certainly, there is widespread agreement that the antitrust laws exist to promote some measure of efficiency. While this baseline serves as an adequate foundation for judging the legality of many business practices, it proves insufficient for some others. The Article seeks to inject much-needed specificity into the concept of “anticompetitive.” In doing so, it addresses the question of whether the Sherman Act is properly concerned with aggregate or consumer welfare. It explores the extent to which anticompetitive effect refers to more than an absence of competition. It considers how the law should treat conduct that results in price increases, but not demonstrable output restrictions. It explains how intertemporal effects complicate analysis and explores the implications of the paradoxical fact that “anticompetitive” conditions may be the sine qua non of long-run welfare. By highlighting the amorphous nature of antitrust’s most fundamental concept, and explaining how it can be clarified, the Article seeks to alleviate a significant shortcoming in the law.
News & Events
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Minnesota Law Review Ranked Among Ten Most Cited Law Journals in America
The Minnesota Law Review is proud to report that it is the tenth most-cited law journal in the United States, according Washington & Lee’s recently-released 2011 law journal rankings. For more information on the announcement and the rankings, visit this link.
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2012 Symposium Announcement
The Minnesota Law Review is pleased to announce that the 2012 Law Review Symposium will focus on direct democracy and the Minnesota Marriage amendment and will be held at the University of Minnesota Law School on October 26, 2012.
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2011 Symposium Webstreaming
Live webstreaming for the 2011 Minnesota Law Review Symposium, Citizens United: Democracy Realized—or Defeated?, will be available at: http://www.ustream.tv/channel/minnesota-law-review-symposium-citizens-united-democracy-realized–or-defeated. Be sure to check it out!
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Article Submission Policy Announcement
On April 19, 2011, the Minnesota Law Review and several peer journals released a joint letter committing to give every author at least seven days to decide whether to accept any offer of publication. Eliminating “exploding offers” will improve the quality of our deliberations and the scholarship that we publish, [...]
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Congratulations!
Class of 2011 Excellence in Public Service Award recipient: Steve Schmidt (vol. 95 Note & Comment Editor); and Class of 2011 Most Outstanding Contribution Award recipient: Chelsea Brennan (vol. 95 Lead Managing Editor). Congratulations Steve and Chelsea!
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