In my "model" Antitrust Bill of Rights, I'm focusing on a group of
factors that have defeated antimonopoly policy in the countries that have
tried them in the past. One of these is the matter of "effects," namely, the
requirement in these laws that one prove not just that something
objectionable has in fact been done by the defendant monopolist but that it
either already has or or is GOING to have some undesirable results (effects)
in some relevant "market," e.g., that prices are going to rise.
In my 4th item here (below), I've addressed that virtually
insurmountable barrier to an effective antimonopoly program. Alternative
solutions, again, are invited.
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4. Monopolies are most commonly built and preserved in three ways,
namely, (1) by merging with competitors, (2) by colluding with competitors,
and (3) by excluding competitors via unfair acts and practices. It is the
policy of this Nation to prevent the development of any new monopolies in
the future and, pending its dissolution, to prevent the exercise of any
existing monopoly power. Accordingly, the three (3) foregoing practices are
hereby declared unlawful, without regard to their present or future
"effects" in any market and, upon complaint by any Citizen to the
Antimonopoly Authority, shall be forthwith enjoined.
Charles Mueller, Editor
ANTITRUST LAW & ECONOMICS REVIEW
http://webpages.metrolink.net/~cmueller
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