Anticompetitive Effect by Judge Cudahy and Mr. Devlin focuses on a critical issue in antitrust jurisprudence: whether anticompetitive effect should be evaluated under an “aggregate welfare approach to competition” or under a “consumer welfare” approach. What hangs in the balance is the future efficacy of both public and private enforcement. This Comment traces the history of antitrust jurisprudence, and, in particular, the trend since the mid-1970s of the original intended targets of antitrust regulation ascending to positions of authority and becoming, in essence, the regulators. This Comment argues that this history demonstrates that antitrust law has become an instrumentality for preserving the very concentrations of economic power the antitrust laws were enacted to prevent, remedy, and limit. This has occurred not only through radical changes in substantive antitrust law, supported by economically suspect, if not discredited, free market Chicago school dogma, but also through equally radical changes in procedural law, which have made enforcement litigation into an obstacle course for plaintiffs and considerably narrowed the federal courthouse doors. The choice between adopting the aggregate welfare approach or the consumer welfare approach in determining anticompetitive effect will have profound practical consequences in antitrust enforcement. Only by choosing the aggregate welfare approach, as Judge Cudahy and Mr. Devlin urge, is there a possibility of halting or reversing the historical trend and revitalizing antitrust enforcement.
News & Events
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Volume 97 Lead Piece Profiled in New York Times
The Volume 97 Lead Piece, a study of how the Supreme Court treats business interests by distinguished legal scholars Lee Epstein, William M. Landes, and Richard A. Posner, was profiled in the May 5, 2013 edition of the New York Times. The story, titled Corporations Find a Friend in the Supreme Court, [...]
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Volume 98 Spring Submissions Closed
The Minnesota Law Review has closed the spring submissions period for Volume 98. Submissions for Volume 98 will reopen on Thursday, August 1. Please see the submissions page for more details.
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Volume 98 Submissions Will Open Feb. 15
The Minnesota Law Review will begin accepting submissions for Volume 98 on Friday, February 15, 2013. Please see this page for more details.
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Minnesota Law Review Announces Volume 98 Editorial Board
The Minnesota Law Review is pleased to announce its Volume 98 editorial board, headed by Editor in Chief Jake Vandelist.
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Minnesota Law Review Announces 2013 Symposium Topic
The Minnesota Law Review is pleased to announce that its 2013 symposium will address the legal and political issues facing organized labor in the United States. The symposium will be held at the University of Minnesota Law School on October 25, 2013.
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