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Article
Should the Government Prosecute Monopolies?
UNIVERSITY OF ILLINOIS LAW REVIEW (2009)
  • Maurice E Stucke, University of Tennessee
Abstract

In the past few years, courts and the Department of Justice have cited approvingly the Court’s dicta in Verizon Communications Inc. v. Law Offices of Curtis V. Trinko, LLP. This article analyzes why the economic thinking in Trinko is wrong, and how the Court ignores its precedent involving the Sherman Act’s concerns of monopolies’ political, social and ethical implications. It responds to the Court’s claim that cartel behavior is easier to identify and remedy than monopolistic behavior and proposes an improvement to the Court’s current rule of reason standard to reduce the risk of false positives, while enabling the antitrust agencies and courts to remedy more quickly certain monopolistic conduct.

Keywords
  • Trinko,
  • competition policy,
  • antitrust,
  • cartels,
  • monopolies,
  • evolutionary economic theory
Disciplines
Publication Date
2009
Citation Information
Maurice E Stucke. "Should the Government Prosecute Monopolies?" UNIVERSITY OF ILLINOIS LAW REVIEW Vol. 2009 (2009)
Available at: http://works.bepress.com/maurice_stucke/2/