Review of Antitrust Stories (E. Fox & D. Crane eds., Foundation Press 2007)

William Kovacic, Apr 24, 2008

In the eye of the historian, published judicial decisions are badly incomplete accounts of the disputes they resolve. Some incompleteness stems from the nature of the judicial process. For example, courts have neither the means nor the duty to recount the parties choice of litigation strategies. Nor can a judge discuss, except by speculation, the actual effects of a decision just taken. Other gaps can result from the court´s vanity. Wanting to seem unassailably correct, judges sometimes replace the losing party´s best facts and arguments with flimsy strawmen, who collapse beneath the tribunal´s awesome logic.

Some decisions give such lopsided portrayals of events that one wonders why the vanquished party ever joined the battle. To give the fuller historical context and consequences of famous law cases, Foundation Press created its Stories series of texts. The essays assembled by Eleanor Fox and Daniel Crane in Antitrust Stories show the wisdom of theendeavor. The antitrust collection serves two valuable ends. First, the essays will help experts and novices understand the origins, disposition, and consequences of thirteen disputes that shaped the U.S. antitrust system. Foundation´s Stories series mainly targets students in U.S. law schools, but even competition policy experts who think they know it all are likely to come away from this well-conceived volume with renewed intellectual curiosity and excitement about U.S. cases they have heard…

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