Robert Bork said that serving on the U.S. Supreme Court “would be an intellectual feast”.
Abstract, arcane, and avid for tricky math, the technocratic approach Bork advocated in The Antitrust Paradox: A Policy at War with Itself has all but devoured the faintly-beating populist heart of antitrust law.
As a result, Paradox has for the 45 years since its 1978 debut made antitrust enforcement actions increasingly costly to bring, far harder to win, and challenging for even competition experts to understand.
In an economy that has grown 1,000 percent since 1978, suffers from far greater concentration of markets, and brims with ever more gigantic firms, antitrust agencies need more resources (in terms of today’s dollars) than they did then.
Yet they have less. That must change.