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Bork offered a calming remedy, with an appealing simplicity and apparent rigor. For Bork’s antitrust economics are easy—not easy enough for a schoolchild, but easy enough for a lawyer who does not specialize in antitrust and is looking for a dignified and respectable manner in which to decide, or get rid of, a hard case. The simple question that Bork posed for every doctrine was this: Does it clearly prevent harm to consumers? Have you proven it? Or might there, plausibly, be an economic explanation that doesn’t imply harm, and if so, what is it?
The Curse of Bigness: Antitrust in the New Gilded Age
by Tim Wu
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