Antitrust and the Bounds of Power: The Dilemma of Liberal Democracy in the History of the Market

Description

This non-technical text highlights the important points of antitrust law. Antitrust law has become progressively more technical both in its form and in its manner of enforcement. In turn these characteristics have tended to encourage the belief that antitrust law is the exclusive preserve of lawyers, economists and their respected doctrines. Yet technicalities and doctrines give covert and not neutral solutions to the dilemma of: how much private power are we ready to tolerate to preserve economic freedom from the intrusion of public power? How much public power are we ready to accept to prevent private power becoming a threat to the freedom of others? In this book, Giuliano Amato draws on his experiences as a lawyer, politician and law professor 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 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.

Giuliano Amato is Head of the Italian Antitrust Authority, Professor of Law at the European University Institute in Florence and a former Prime Minister of Italy.

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, *