Fairness in Antitrust : Protecting the Strong from the Weak

Abstract

Introduction Part I: The Setting of Antitrust 1 The Legal and Rhetorical Context of Antitrust I. The Development of Antitrust Law: Common Law Antecedents II. Competition Law in Europe: Between National and Community Goals III. Introducing the Goals of Antitrust: Fairness, Efficiency and Beyond IV. Terminology and Focus: What is meant by 'Monopolist' and which Rights are Assessed? Part II: The Goals of Antitrust 2 The Societal Goals of Antitrust I. The Efficiency Model of Antitrust II. Competition Beyond Efficiency: Between Proxy and Independent Goal III. Antitrust as Facilitating a Society of Entrepreneurs 3 Monopoly's Victims I. Consumers and their Centrality in the Fairness Discussion II. Antitrust as a Tool for Protecting Competitors III. Workers, Local Communities and Small Businesses: The Lost Classes of Antitrust 4 Monopolists' Rights I. Why the Verizon Case is Unhelpful: Baselines in Antitrust II. Who are the Monopolists? III. Monopoly Profit as a Property Right, or Competition as Creating Property? IV. Freedom of Contract V. The Role of Firms Part III: The Balancing Act of Antitrust 5 Towards a Constitutional Balance in Antitrust I. The Need for a Balancing Test II. Striking a Balance III. Boundaries to be Respected IV. Developing the Standard 6 Formalization of Fairness: Keeping Everyone Envy-Free I. The Framework of Envy-Freeness II. Complications and Extensions III. Implementation to Antitrust 7 The 'Clear and Present Danger' for Antitrust I. Protecting Monopolists' Market Access: The Logical Fallacy Argument II. Logical Fallacy or Balancing Act? Trade and Speech Compared III. The Balancing Test: Free Speech as a Guiding Force IV. Implementation to Antitrust V. Objections to the 'Clear and Present Danger' Standard VI. Answers to the Raised Objections VII. A Rebellious Thought Conclusion and Future Implementations