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Monopoly in America
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22128
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American history did not begin in 1890 and American attitudes toward monopoly did not begin with the Sherman Act. Colonial and antebellum Americans did not need instruction from Louis Brandeis to oppose monopolies and they did not need instruction from Joseph Schumpeter to exclude some monopolies from general censure. Americans have always hated monopoly—both public and private. At the same time, Americans have accepted—sometimes begrudgingly—government grants to incentivize production and innovation. And private monopolies resulting exclusively from skill, foresight and industry have been viewed as welcome entrepreneurial success.
Monopoly in America offers a tour d’horizon of the American experience with the notion of monopoly, It examines the American antimonopoly tradition from its inception in the early 1600s to the present debate about the effectiveness of antitrust laws to deal with today’s monopolies. The modern antitrust law pivot away from government monopoly grants to private firm monopoly raises questions that remained largely in the background before the antitrust movement of the 19th century: how do we apply laws dealing with private monopoly so as not to stifle entrepreneurial drive, incentives and innovation? should the law condemn all private monopolies or only those without justification? How will the yin (opportunity to compete) and yang (entrepreneurial spirit and success) be reconciled by courts and authorities in deciding whether a successful firm has violated the law—a reconciliation often hidden by opinions couched in the minutiae of economic and legal analysis. This book is intended to provide an often-overlooked context in answering those questions.
Also from author Barry Hawk is Antitrust and Competition Laws. This publication offers a comparative history and analysis of competition laws, from the current global proliferation of laws back to the pre-modern world before 1880, including classical Athens, India, Rome, imperial China, the Islamic world and post-Roman Europe. The book examines pre-modern competition law from the perspective and experience of a modern antitrust lawyer. The book is intended for members of the global antitrust community — lawyers, economists, scholars and policymakers.
Purchase both books together and get a 25% discount on the entire order! Add both items to your online shopping cart in either print or digital format and use promo code HAWK25.
Barry Hawk is former Director of the Fordham Competition (formally Corporate) Law Institute and former Partner with Skadden Arps (New York and Brussels). He is former Vice Chair of the ABA Antitrust Section and former Chair of the New York State Bar Association Antitrust Section, as well as Professor at Fordham Law School and Visiting Professor at Michigan Law School, Monash University Law School, New York University Law School and the University of Paris.
"Monopoly in America is an extraordinary book with a great sweep of history, political economy, legal doctrine, and changing currents that bring us from pre-colonial America to the current delicate balance between neo-Brandeisian skepticism of power and libertarian faith in markets. Professor Barry Hawk, one of the world’s great experts, has masterfully woven a narrative that freshly illuminates monopoly in America and what it means today."
Eleanor M. Fox, Walter J. Derenberg Professor of Trade Regulation at New York University School of Law
"In a world where everything seems to be about “context,” Barry Hawk’s new book on the history of monopolization law and policy in America provides that in spades. Not only do you see the common law and historical roots that both accommodated and, at times, abhorred monopoly grants, one also sees early recognition in America that those who achieve monopoly status through hard work and innovation should not be turned upon just for winning that competition. In short, for history buffs and antitrust connoisseurs alike, Monopoly in America provides thoughtful and balanced context for today’s vigorous debate on what to do, if anything, about organically-created monopolies and behaviors that walk the fine line between “competition on the merits” and conduct whose value derives primarily from exclusion."
James A. Keyte, Director of the Fordham Competition Law Institute and Global Director of Development for The Brattle Group
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