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Antitrust and the Bounds of Power

The Dilemma of Liberal Democracy in the History of the Market

By: Giuliano Amato
Media of Antitrust and the Bounds of Power
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Published: 01-10-1997
Format: Hardback
Edition: 1st
Extent: 154
ISBN: 9781901362299
Imprint: Hart Publishing
Dimensions: 216 x 138 mm
RRP: £75.00
Online price : £52.50
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Loren Epson

About Antitrust and the Bounds of Power

Since it first came into existence, antitrust law has become progressively more technical both in its form and in its manner of enforcement. Yet technicalities and doctrines give covert and not neutral solutions to a crucial dilemma which is of fundamental importance: how much private power is needed to preserve economic freedom from the intrusion of public power, and how much public power is needed to prevent private power becoming a threat to the freedom of others?

In this lucidly written and challenging book, Giuliano Amato draws on his wide experience to examine the character of this dilemma and the way in which it has been addressed by legislatures and courts in the US and in Europe. His observations on the history and the doctrines of antitrust law and his conclusions as to how successfully the dilemma is being managed by the super economies of Europe and the US challenge conventional thinking. They will also stimulate economists and lawyers as well as business and lay people to consider more closely the future of antitrust laws across the globe.

Table Of Contents

Antitrust: Introduction

Part I - Technical Profiles: the USA

1. Protection of competition or of freedom of contract?

2. Today's Subtle Weapons

Part II - Technical Profiles: Europe

3. The Heritage of History

4. “Restrictive” Agreements

5. Abuse of a Dominant Position

6. Prohibitions of Dominant Position

Part III - Antitrust and the Bounds of Power

7. Drawing together the threads

8. The Dilemma of Liberal Democracy


“The text of this important book is lucid and the interesting analysis - political, economic and legal - is clearly stated. The citations of legal and economic literature are well chosen. Professor Amato's perceptive thoughts on the differences between US and EC competition law and their philosophical development are warmly welcomed.” –  Valentine Korah, European Competition Law Review

“... this book is in my view essential reading for anybody interested in antitrust practice and policy” –  Damien J. Neven, Journal of World Trade Law

“The book is well written and develops a number of challenging ideas in an accessible way...Its major strength is in the depth of the research and the copious references...As a concise history of antitrust laws, the book is indispensable. The ideas which it develops are challenging and serve as a valuable balance to the mass of economic analysis which purports to explain antitrust.” –  Angus MacCulloch, The Modern Law Review, Vol 62,

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