Article:
Frank H. Easterbrook, Is There a Ratchet in Antitrust Law,
60 Texas L. Rev. 705 (1982).
Abstract:
Purporting to represent the Chicago Branch of the Stanford
School of Antitrust, the author responds to accompanying
articles by Professor Lawrence A. Sullivan and Sanford Litvack,
head of the Antitrust Division of the Department of Justice
during the Carter administration, on the appropriate approach to
enforcement of antitrust law. The author’s thesis is that
antitrust law should be allowed to evolve as the law is allowed
to evolve in areas of contract and tort. Specifically, the
author argues that antitrust law does not require that that
which was once illegal must forever be illegal.