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Book The Antitrust Paradox

    Book Details:
  • Author : Robert Bork
  • Publisher :
  • Release : 2021-02-22
  • ISBN : 9781736089712
  • Pages : 536 pages

Download or read book The Antitrust Paradox written by Robert Bork and published by . This book was released on 2021-02-22 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.

Book Labor Antitrust s Paradox

Download or read book Labor Antitrust s Paradox written by Hiba Hafiz and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Growing inequality, the decline in labor's share of national income, and increasing evidence of labor market concentration and employer buyer power are all subjects of national attention, eliciting wide-ranging proposals for legal reform. Many proposals hinge on labor market fixes and empowering workers within and beyond existing work law or through tax-and-transfer schemes. But a recent surge of interest focuses on applying antitrust law in labor markets, or “labor antitrust.” These proposals call for more aggressive enforcement by the Department of Justice (DOJ) and Federal Trade Commission (FTC) as well as stronger legal remedies for employer collusion and unlawful monopsony that suppresses workers' wages. The turn to labor antitrust is driven in part by congressional gridlock and the collapse of labor law as a dominant source of labor market regulation, inviting regulation through other means. Labor antitrust promises an effective attack because agency discretion and judicial enforcement can police labor markets without substantial amendments to existing law, bypassing the current impasse in Congress. Further, unlike labor and employment law, labor antitrust is uniquely positioned to challenge industry-wide wage suppression; suing multiple employers is increasingly challenging in work law as a statutory, doctrinal, and procedural matter.But current labor antitrust proposals, while fruitful, are fundamentally limited in two ways. First, echoing a broader antitrust policy crisis, they inherit and reinvigorate debates about the current consumer welfare goal of antitrust. The proposals ignore that, as a theoretical and practical matter, employers' anticompetitive conduct in labor markets does not necessarily harm consumers. As a result, workers' labor antitrust challenges will face an uphill battle under current law: where consumers are not harmed, labor antitrust can neither effectively police employer buyer power nor fill gaps in labor market regulation left by a retreating labor law. Second, the proposals ignore real synergies between antitrust enforcement and labor regulation that could preempt the rise of employer buyer power and contain its exercise.This Essay analyzes the limitations of current labor antitrust proposals and argues for regulatory sharing between antitrust and labor law to combat the adverse effects of employer buyer power. It makes three key contributions. First, it frames the new labor antitrust as disrupting a grand regulatory bargain, reinforced by the Chicago School, that segregated labor and antitrust regulation to resolve a perceived paradox in serving two masters: workers and consumers. The dominance of the consumer welfare standard resolved that paradox. Second, it explains how scholarly attempts to invigorate labor antitrust fail to overcome this paradox and ignore theoretical and doctrinal roadblocks to maximizing both worker and consumer welfare, leaving worker plaintiffs vulnerable to failure. Third, it proposes a novel restructuring of labor market regulation that integrates antitrust and labor law enforcement to achieve coherent and effective regulation of employer buyer power. It refocuses labor antitrust claims on consumer welfare ends and relegates worker welfare considerations to a labor law supplemented and fortified by the creation of substantive presumptions and defenses triggered by labor antitrust findings as well as labor agency involvement in merger review.

Book The Profit Paradox

Download or read book The Profit Paradox written by Jan Eeckhout and published by Princeton University Press. This book was released on 2022-10-25 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: A pioneering account of the surging global tide of market power—and how it stifles workers around the world In an era of technological progress and easy communication, it might seem reasonable to assume that the world’s working people have never had it so good. But wages are stagnant and prices are rising, so that everything from a bottle of beer to a prosthetic hip costs more. Economist Jan Eeckhout shows how this is due to a small number of companies exploiting an unbridled rise in market power—the ability to set prices higher than they could in a properly functioning competitive marketplace. Drawing on his own groundbreaking research and telling the stories of common workers throughout, he demonstrates how market power has suffocated the world of work, and how, without better mechanisms to ensure competition, it could lead to disastrous market corrections and political turmoil. The Profit Paradox describes how, over the past forty years, a handful of companies have reaped most of the rewards of technological advancements—acquiring rivals, securing huge profits, and creating brutally unequal outcomes for workers. Instead of passing on the benefits of better technologies to consumers through lower prices, these “superstar” companies leverage new technologies to charge even higher prices. The consequences are already immense, from unnecessarily high prices for virtually everything, to fewer startups that can compete, to rising inequality and stagnating wages for most workers, to severely limited social mobility. A provocative investigation into how market power hurts average working people, The Profit Paradox also offers concrete solutions for fixing the problem and restoring a healthy economy.

Book How Antitrust Failed Workers

    Book Details:
  • Author : Eric A. Posner
  • Publisher : Oxford University Press
  • Release : 2021
  • ISBN : 019750762X
  • Pages : 225 pages

Download or read book How Antitrust Failed Workers written by Eric A. Posner and published by Oxford University Press. This book was released on 2021 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Antitrust law has very rarely been used by workers to challenge anticompetitive employment practices. Yet recent empirical research shows that labor markets are highly concentrated, and that employers engage in practices that harm competition and suppress wages. These practices include no-poaching agreements, wage-fixing, mergers, covenants not to compete, and misclassification of gig workers as independent contractors. This failure of antitrust to challenge labor-market misbehavior is due to a range of other failures-intellectual, political, moral, and economic. And the impact of this failure has been profound for wage levels, economic growth, and inequality. In light of the recent empirical work, it is urgent for regulators, courts, lawyers, and Congress to redirect antitrust resources to labor market problems. This book offers a strategy for judicial and legislative reform"--

Book The Antitrust Paradox

Download or read book The Antitrust Paradox written by Robert H. Bork and published by . This book was released on 1993 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since it first appeared in 1978, this seminal work by one of the foremost American legal minds of our age has dramatically changed the way the courts view government's role in private affairs. Now reissued with a new introduction and epilogue by the author, this classic shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses. Robert Bork's view of antitrust law has had a profound impact on how the law has been both interpreted and applied. The Antitrust Paradox illustrates how the purpose and integrity of law can be subverted by those who do not understand the reality law addresses or who seek to make it serve unintended political and social ends. - Back cover.

Book From Slavery to the Cooperative Commonwealth

Download or read book From Slavery to the Cooperative Commonwealth written by Alex Gourevitch and published by Cambridge University Press. This book was released on 2015 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reconstructs how a group of nineteenth-century labor reformers appropriated and radicalized the republican tradition. These "labor republicans" derived their definition of freedom from a long tradition of political theory dating back to the classical republics. In this tradition, to be free is to be independent of anyone else's will - to be dependent is to be a slave. Borrowing these ideas, labor republicans argued that wage laborers were unfree because of their abject dependence on their employers. Workers in a cooperative, on the other hand, were considered free because they equally and collectively controlled their work. Although these labor republicans are relatively unknown, this book details their unique, contemporary, and valuable perspective on both American history and the organization of the economy.

Book The Fissured Workplace

Download or read book The Fissured Workplace written by David Weil and published by Harvard University Press. This book was released on 2014-02-17 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the twentieth century, large companies employing many workers formed the bedrock of the U.S. economy. Today, on the list of big business's priorities, sustaining the employer-worker relationship ranks far below building a devoted customer base and delivering value to investors. As David Weil's groundbreaking analysis shows, large corporations have shed their role as direct employers of the people responsible for their products, in favor of outsourcing work to small companies that compete fiercely with one another. The result has been declining wages, eroding benefits, inadequate health and safety protections, and ever-widening income inequality. From the perspectives of CEOs and investors, fissuring--splitting off functions that were once managed internally--has been phenomenally successful. Despite giving up direct control to subcontractors and franchises, these large companies have figured out how to maintain the quality of brand-name products and services, without the cost of maintaining an expensive workforce. But from the perspective of workers, this strategy has meant stagnation in wages and benefits and a lower standard of living. Weil proposes ways to modernize regulatory policies so that employers can meet their obligations to workers while allowing companies to keep the beneficial aspects of this business strategy.

Book Competition Policy and the Control of Buyer Power

Download or read book Competition Policy and the Control of Buyer Power written by Peter C. Carstensen and published by Edward Elgar Publishing. This book was released on 2017-09-29 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive overview of the economic and competition policy issues that buyer power creates. Drawing on economic analysis and cases from around the world, it explains why conventional seller side standards and analyses do not provide an adequate framework for responding to the problems that buyer power can create. Based on evidence that abuse of buyer power is a serious problem for the competitive process, the book evaluates the potential for competition law to deal directly with the problems of abuse either through conventional competition law or special rules aimed at abusive conduct. The author also examines controls over buying groups and mergers as potentially more useful responses to risks created by undue buyer power.

Book Handbook of the Law of Antitrust

Download or read book Handbook of the Law of Antitrust written by Lawrence Anthony Sullivan and published by . This book was released on 1987 with total page 886 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The Prosperity Paradox

    Book Details:
  • Author : Philip Martin
  • Publisher : Critical Frontiers of Theory, Research, and Policy in International Development Studies
  • Release : 2020-10-14
  • ISBN : 0198867840
  • Pages : 241 pages

Download or read book The Prosperity Paradox written by Philip Martin and published by Critical Frontiers of Theory, Research, and Policy in International Development Studies. This book was released on 2020-10-14 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Prosperity Paradox explains why farm worker problems often worsen as the agricultural sector shrinks and lays out options to help vulnerable workers.

Book The Globalization Paradox

Download or read book The Globalization Paradox written by Dani Rodrik and published by OUP Oxford. This book was released on 2012-05-17 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: For a century, economists have driven forward the cause of globalization in financial institutions, labour markets, and trade. Yet there have been consistent warning signs that a global economy and free trade might not always be advantageous. Where are the pressure points? What could be done about them? Dani Rodrik examines the back-story from its seventeenth-century origins through the milestones of the gold standard, the Bretton Woods Agreement, and the Washington Consensus, to the present day. Although economic globalization has enabled unprecedented levels of prosperity in advanced countries and has been a boon to hundreds of millions of poor workers in China and elsewhere in Asia, it is a concept that rests on shaky pillars, he contends. Its long-term sustainability is not a given. The heart of Rodrik’s argument is a fundamental 'trilemma': that we cannot simultaneously pursue democracy, national self-determination, and economic globalization. Give too much power to governments, and you have protectionism. Give markets too much freedom, and you have an unstable world economy with little social and political support from those it is supposed to help. Rodrik argues for smart globalization, not maximum globalization.

Book The Curse of Bigness

Download or read book The Curse of Bigness written by Tim Wu and published by . This book was released on 2018 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the man who coined the term "net neutrality" and who has made significant contributions to our understanding of antitrust policy and wireless communications, comes a call for tighter antitrust enforcement and an end to corporate bigness.

Book The Tyranny of Big Tech

Download or read book The Tyranny of Big Tech written by Josh Hawley and published by Simon and Schuster. This book was released on 2021-05-04 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: The reign of Big Tech is here, and Americans’ First Amendment rights hang by a keystroke. Amassing unimaginable amounts of personal data, giants like Google, Facebook, Amazon, and Apple—once symbols of American ingenuity and freedom—have become a techno-oligarchy with overwhelming economic and political power. Decades of unchecked data collection have given Big Tech more targeted control over Americans’ daily lives than any company or government in the world. In The Tyranny of Big Tech, Senator Josh Hawley of Missouri argues that these mega-corporations—controlled by the robber barons of the modern era—are the gravest threat to American liberty in decades. To reverse course, Hawley argues, we must correct progressives’ mistakes of the past. That means recovering the link between liberty and democratic participation, building an economy that makes the working class strong, independent, and beholden to no one, and curbing the influence of corporate and political elites. Big Tech and its allies do not deal gently with those who cross them, and Senator Hawley proudly bears his own battle scars. But hubris is dangerous. The time is ripe to overcome the tyranny of Big Tech by reshaping the business and legal landscape of the digital world.

Book Exclusion  Collusion  and Confusion

Download or read book Exclusion Collusion and Confusion written by Malcolm B. Coate and published by . This book was released on 1990 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The Great Reversal

Download or read book The Great Reversal written by Thomas Philippon and published by Belknap Press. This book was released on 2019 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: American markets, once a model for the world, are giving up on competition. Thomas Philippon blames the unchecked efforts of corporate lobbyists. Instead of earning profits by investing and innovating, powerful firms use political pressure to secure their advantages. The result is less efficient markets, leading to higher prices and lower wages.

Book The Oxford Handbook of Organizational Paradox

Download or read book The Oxford Handbook of Organizational Paradox written by Wendy K. Smith and published by Oxford University Press. This book was released on 2017-09-07 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: The notion of paradox dates back to ancient philosophy, yet only recently have scholars started to explore this idea in organizational phenomena. Two decades ago, a handful of provocative theorists urged researchers to take seriously the study of paradox, and thereby deepen our understanding of plurality, tensions, and contradictions in organizational life. Studies of organizational paradox have grown exponentially over the past two decades, canvassing varied phenomena, methods, and levels of analysis. These studies have explored such tensions as today and tomorrow, global integration and local distinctions, collaboration and competition, self and others, mission and markets. Yet even with both the depth and breadth of interest in organizational paradoxes, key issues around definitions and application remain. This handbook seeks to aid, engage, and fuel the expanding interest in organizational paradox. Contributions to this volume depict how paradox studies inform, and are informed, by other theoretical perspectives, while creating a resource that enables scholars to learn about and apply this lens across varied organizational phenomena. The increasing complexity, volatility, and ambiguity in our world continually surfaces paradoxical dynamics. Thus, this handbook offers insights to scholars across organizational theory.

Book Game Theory and the Law

    Book Details:
  • Author : Douglas G. Baird
  • Publisher : Harvard University Press
  • Release : 1994
  • ISBN : 9780674341111
  • Pages : 348 pages

Download or read book Game Theory and the Law written by Douglas G. Baird and published by Harvard University Press. This book was released on 1994 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first to apply the tools of game theory and information economics to advance our understanding of how laws work. Organized around the major solution concepts of game theory, it shows how such well known games as the prisoner's dilemma, the battle of the sexes, beer-quiche, and the Rubinstein bargaining game can illuminate many different kinds of legal problems. Game Theory and the Law highlights the basic mechanisms at work and lays out a natural progression in the sophistication of the game concepts and legal problems considered.