Wednesday, September 5, 2007
Posted by D. Daniel Sokol
Einer Elhauge of Harvard Law School provacatively asks (and answers) Harvard, Not Chicago: Which Antitrust School Drives Recent Supreme Court Decisions?
ABSTRACT: The U.S. Supreme Court has now decided 14 antitrust cases in a row in favor of the defendant. But this does not indicate an embrace of the conservative Chicago School over the moderate Harvard School. To the contrary, on every issue the Court has addressed where those two schools are in conflict, the Supreme Court has sided with the Harvard School. It has also sided with sound antitrust economics rather than with formalisms favoring plaintiffs or defendants.