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asr | 6 years ago
The mainstream position in the antitrust world, even among liberals (at least until recently), is that Bork's theory is generally right. (For example, Barack Obama's antitrust appointees would generally have agreed with it.)
What Bork did was bring economic models (i.e. math) to bear in antitrust analysis. Before Bork, antitrust law was basically run on judges' intuition about whether business practices were good or bad. After Bork, there is more structure to the analysis--if we are trying to figure out whether things are good or bad for consumer prices, there's an economic framework we can use so that we're not just making random guesses.
You can quibble with the math, but it seems crazy to go back to a world where we just say "big mergers are bad." Some mergers are bad, sure. But some are not. For example, I have yet to hear anyone explain why Amazon's purchase of Whole Foods is bad for anyone other than other grocery stores (who have to try to compete as Amazon figures out grocery delivery).
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