In 1978, Judge Robert Bork published the book The Antitrust Paradox. The Antitrust Paradox has become one of the most influential authorities on antitrust policy, changing the landscape of American antitrust law forever. Since its publication, The Antitrust Paradox has been cited by over 100 different United States courts, and its reasoning has often been adopted by the Supreme Court of the United States. Judge Bork argued the original intent of the Sherman Act and other American antitrust laws was to protect competition itself rather than consumers. The result of this flawed approach was certain market practices such as vertical integration and price discrimination, which posed no threat to consumers, were still outlawed in favor of competition, even if this competition lead to an overall harm to the consumer. Instead, Judge Bork advocated for a consumer welfare standard, where violations of antitrust law would be measured solely by their affect on consumers. Jude Bork’s articulation of these principles in The Antitrust Paradox had a lasting impact that can be felt in antitrust law to this day.
Featuring:

Susan Creighton, Partner, Co-Chair, antitrust practice, Wilson Sonsini Goodrich & Rosati
Andrew Finch, Principal Deputy Attorney General, Antitrust Division, Department of Justice
Charles (Rick) Rule, Co-Chair, Antitrust Group, Paul|Weiss
Hon. Joshua Wright, Executive Director, Global Antitrust Institute, Antonin Scalia Law school
Moderator: Judge Laurence Silberman, United States Court of Appeals, District of Columbia