Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Monday, November 12, 2007

You Have to be a Genius to Read This Blog

Posted by D. Daniel Sokol

I knew that antitrust lawyers and economists were smart.  Until this morning, I just did not know how smart.  According to this site, the level of intelligence required to read this blog is "genius."  In comparison, according to Dan Solove over at Concurring Opinions, you need to be a genius to read the Becker-Posner blog, college (undergrad) educated to read the Conglomerate Blog and only high school level to read the WSJ blog or the Washington Post.

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Absolutely categorically disagree. Competition law needs an understanding of business, economics and a well drafted piece of legislation. Check out for our efforts at price discrimination prosecution. So we ultimately lost on an appeal decision that has been severely criticised by the press and legal commentators. And what it really needs is a hell of a lot of reading & damn hard work.

It certainly does no good to place competition law at a level far removed from those most at risk (smaller business inevitably the complainant in a matter). You underestimate the determination of small businesses. And the law should, at least in my view, never reach the stage that it is so complex as to functionally preclude small business from recourse. This is self defeating and entrenches the sense of helplessness of small businesses when faced with competitive abuse.

Complexity of competition law reflects a basic misunderstanding (or mis-drafting) of what is intended by the legislature and a thorough understanding of what the drafters required as standards of proof.

Posted by: Jim Foot | Nov 12, 2007 11:32:44 AM

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