Abstract
Professor Barnes responds to William Curran's fictional dialogue between Senator John Sherman and philosopher John Rawls, with a fictional letter from Supreme Court Justice William O. Douglas. Professor Barnes discusses the importance of the anarcho-socialist movement of the late nineteenth century to the adoption of the Sherman Act, the historical and logical inevitability of adoption of a rule of reason in antitrust law, the relevance of efficiency to the rule of reason, and the relationship between competition and the promotion of democratic ideals.
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References
Curran, William J., III (1990) ‘After 100 Years: A Disquieting Discourse of Poverty and Wealth’ New York Law School Law Review, 35, 1031–1045.
Elzinga, Kenneth G. (1977) ‘The Goals of Antitrust: Other than Competition and Efficiency, What Else Counts?’ University of Pennsylvania Law Review, 125, 1191–1213.
Kintner, Earl W., ed. (1978) The Legislative History of the Federal Antitrust Law and Related Statutes.
Pitofsky, Robert (1979) ‘The Political Content of Antitrust’ University of Pennsylvania Law Review, 127, 1051–1075.
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Barnes, D.W. Antitrust, the Rule of Reason, and Democracy. Review of Industrial Organization 14, 115–122 (1999). https://doi.org/10.1023/A:1007789816578
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DOI: https://doi.org/10.1023/A:1007789816578