Article:
Richards S. Markovits, The Limits to Simplifying Antitrust: A
Reply to Professor Easterbrook, 63 Texas L. Rev. 41 (1984).
Abstract:
In this reply to Frank Easterbrook’s article “The Limits of
Antitrust”, Richard Markovits expresses agreement with
Easterbrok’s belief that federal courts have decided many
anti-trust cases incorrectly by failing to understand the
competitive impact of the practice at issue. Markovits further
concedes that these cases have had negative economic effects.
However, unlike Easterbrook he believes that the Sherman and
Clayton antitrust acts contain tests that can in fact provide
useful guidance for judges, and he argues that Easterbrook’s
proposed alternative to these tests would, in the main, produce
undesirable results.