2012Penn Carey Law Legal Scholarship Repository (University of Pennsylvania)Open access

The Simpicity of Antitrust Law

Richard M. Steuer

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Abstract

Antitrust law has grown increasingly complex, leading some to the misperception that it is often irrational and varies widely from one country to the next.In fact, antitrust is simpler than it seems.Properly applied, antitrust law focuses simply, and entirely, on combating two of the most innate proclivities in human nature-bullying and ganging up-when such conduct harms competition.Once this is understood, the concerns expressed about irrationality and disharmony begin to disappear.If it is true that all we really need to know we learned in kindergarten, 1 then all we really need to know about antitrust law we learned there too. I. IT'S SIMPLER THAN ONE MIGHT THINKOn the surface, antitrust seems more complex than this.Since the seminal case of Mitchel v. Reynolds 2 was decided in 1711 and the Sherman Act 3 was passed in 1890, antitrust terminology has grown increasingly complicated.Today, there is a profusion of jargon for antitrust offenses, from abuse of dominance 4 and bundling 5 to technological tying 6 and unilateral effects, 7 plus a host of acronyms and abbreviations such as SSNIPs, 8 HHIs, 9 and UPP. 10 Economics, including econometrics and

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Antitrust law has grown increasingly complex, leading some to the misperception that it is often irrational and varies widely from one country to the next.In fact, antitrust is simpler than it seems.Properly applied, antitrust law focuses simply, and entirely, on combating two of the most innate proclivities in human nature-bullying and ganging up-when such conduct harms competition.Once this is understood, the concerns expressed about irrationality and disharmony begin to disappear.If it is true that all we really need to know we learned in kindergarten, 1 then all we really need to know about antitrust law we learned there too. I. IT'S SIMPLER THAN ONE MIGHT THINKOn the surface, antitrust seems more complex than this.Since the seminal case of Mitchel v. Reynolds 2 was decided in 1711 and the Sherman Act 3 was passed in 1890, antitrust terminology has grown increasingly complicated.Today, there is a profusion of jargon for antitrust offenses, from abuse of dominance 4 and bundling 5 to technological tying 6 and unilateral effects, 7 plus a host of acronyms and abbreviations such as SSNIPs, 8 HHIs, 9 and UPP. 10 Economics, including econometrics and

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Available abstract

Antitrust law has grown increasingly complex, leading some to the misperception that it is often irrational and varies widely from one country to the next.In fact, antitrust is simpler than it seems.Properly applied, antitrust law focuses simply, and entirely, on combating two of the most innate proclivities in human nature-bullying and ganging up-when such conduct harms competition.Once this is understood, the concerns expressed about irrationality and disharmony begin to disappear.If it is true that all we really need to know we learned in kindergarten, 1 then all we really need to know about antitrust law we learned there too. I. IT'S SIMPLER THAN ONE MIGHT THINKOn the surface, antitrust seems more complex than this.Since the seminal case of Mitchel v. Reynolds 2 was decided in 1711 and the Sherman Act 3 was passed in 1890, antitrust terminology has grown increasingly complicated.Today, there is a profusion of jargon for antitrust offenses, from abuse of dominance 4 and bundling 5 to technological tying 6 and unilateral effects, 7 plus a host of acronyms and abbreviations such as SSNIPs, 8 HHIs, 9 and UPP. 10 Economics, including econometrics and

Key concepts: Law, Political science, Business

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