A very nice look indeed at the current state of our broken antitrust system—including an excellent retrospective on the historical process by which we got here:

Andrew I. Gavil: Crafting a Monopolization Law for Our Time: "If Section 2 is to be an effective tool for policing and deterring anti-competitive conduct in today’s economy, then it will need to be adjusted for the needs of our time. But first it is important to understand how Section 2 became so limited in scope.... Choosing the language of the Sherman Act, the Congress of 1890 turned to common law, which had long prohibited 'unreasonable restraints of trade'... a statute that included prohibitions of concerted action (Section 1), as well as monopolization, attempts to monopolize, and conspiracy to monopolize (Section 2)...


#noted

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