------------ EH.NET BOOK REVIEW --------------
Published by EH.NET (October 2005)
Gary Hull, editor, _The Abolition of Antitrust_. New Brunswick, NJ:
Transaction Publishers, 2005. xii + 176 pp. $39.95 (hardcover), ISBN:
0-7658-0282-1
Reviewed for EH.NET by John Howard Brown, School of Economic
Development, Georgia Southern University.
It would be easy to turn this review into a tendentious attack on Ayn
Rand's philosophy of Objectivism. However, this reviewer will resist
the temptation and criticize this book purely on professional
grounds. In that spirit of fairness it should be noted that the
editor specifically claims in the introduction that the book is "...
written for the intellectually active layman (sic)" (p. x). However,
even the layperson, indeed especially the lay reader, should have the
right to expect issues to be presented in an intellectually honest
and non-polemical manner.
The book consists of seven essays. Two are reprints of previously
published works, although both prior outlets are sufficiently obscure
that they are likely to be new to most readers. It is divided into
three parts, labeled, The Economics of Antitrust, The Legal History
of Antitrust, and The Morality of Antitrust. The first part will be
the focus of this review since it most likely to be of interest to
readers on this list.
The Economics of Antitrust, begins with an essay by Dominick
Armentano. Armentano will be remembered by many industrial
organization economists for his blistering book, _The Myths of
Antitrust_ (1972). This book along with Robert Bork's _Antitrust
Paradox_ (1978) represented the counterattack on the Mason-Bain
industrial organization tradition in antitrust analysis.
Armentano's essay is entitled "Barriers to Entry" and is a reprint,
having previously appeared in _Antitrust: The Case for Repeal_
(1999). Those, including, this reviewer, who were enlightened by _The
Myths of Antitrust_, will find this contribution disappointing. There
are two related problems. The first is stale and incomplete
scholarship. The latest source other than Armentano's own works cited
in the references is Douglas Greer's 1980 textbook. At minimum, one
would have expected a citation of Demsetz's (1982) identically titled
work, which is clearly sympathetic to the point Armentano attempts to
make.
The other problem is the bulk of the essay is devoted to attacking
stale antitrust doctrine. Much is made of product differentiation as
a barrier to entry. However, aside from the FTC cereals investigation
of the 1970s, antitrust litigation has rarely concerned itself with
product differentiation. There is also a discussion of the role of
entrepreneurs in unearthing new technological and economic
opportunities in a world of limited information which is impossible
to dispute but not particularly novel. Others barriers cursorily
examined are advertising, absolute capital requirements, and
predation.
In the discussion of predation, as in the other discussions, the role
of consumer choice in the success of particular firms is highlighted,
again neither controversial nor novel. This argument as applied to
predation asserts that consumers, as fully rational and informed
decision-makers, will recognize that a firm practicing predatory
pricing is attempting to reduce future competition. This argument
appears to attempt to have it both ways, entrepreneurs are needed to
navigate a world of scarce information, but consumers don't suffer
from that same scarcity in their decision-making.
The second essay, John Ridpath's "The Philosophical Origins of
Antitrust," also reprinted, begins with this rousing sentence, "The
antitrust laws of the United States are an obscene violation of
individual rights that have thrown American business into a no-man's
land of non-objective law" (p. 17). The unlikely victim of Ridpath's
bile is Frank Knight whom Ridpath accuses of having provided the
"conceptual underpinnings" of American antitrust. In particular,
Knight's classic, _Risk, Uncertainty, and Profit_, with its general
equilibrium model of a perfectly competitive economy is counted as
providing a pernicious attack on profits that functioned as the
'camel's nose under the tent' for antitrust. The fact that antitrust
laws were passed fully thirty years prior to Knight's book seems not
to carry much weight with Ridpath.
As a part of his sustained attack on Knight, Ridpath accuses him of
being a follower of Heraclitus, famous for his aphorism, "you can't
step into the same river twice," whom Ridpath asserts has "created a
fetid intellectual current" -- whatever that means. He also attacks
Henri Bergson, Kantian philosophy, pragmatism, and, that particular
bete noir of Randians -- altruism. To the extent that the discussion
is not ad hominem attack or polemical, this reviewer would confess to
being insufficiently informed to judge the philosophical issues.
The third essay, Richard M. Salsman's "The False Profits of
Antitrust," is the weakest of the three. It is littered with errors
in characterizing received economic doctrine. Salsman asserts,
"Instead of refuting false profit theories, modern economists have
imagined an 'ideal' world of 'pure and perfect competition' that
expunges 'unearned profit' and the 'robber barons' who garnish it"
(p. 27). I don't know of any economists who consider the perfectly
competitive model relevant to antitrust analysis. Nor do I know any,
in the past century at least, who would characterize entrepreneurs as
"robber barons."
A more significant error appears three pages later, where he asserts,
"The most bizarre stricture in perfect competition theory requires
that firms not price their products above the variable costs of
producing them" (p. 30). This is, of course, utter rubbish that would
merit a failing grade in even a principles of economics course. The
rest of the essay is no better, failing to grasp, for instance, that
the zero profit condition is no more than a statement of long run
tendency, unlikely to ever be observed. Nor does the disciplinary
role of competition in enforcing efficient use of resources seem to
make an impact. Frank Knight once again comes in for abuse, along
with John Bates Clark, William Stanley Jevons, and others.
The overarching theme of this book, including the essays not
discussed here, is casting entrepreneurs as near mythic heroes. Their
contribution to the economy creates a moral claim to the wealth that
they unlock. Mainstream economics has moved some direction towards
this position in the past thirty years. However, the mainstream view
dating to Adam Smith has always recognized that unlimited
self-interest seeking can lead to many unsavory practices. It is only
when channeled by competition that the pursuit of self-interest leads
to socially benign ends. Where the conditions of the market are not
sufficient to constrain unbounded self-interest seeking, there lies a
role for antitrust. Given the limited and evolving state of our
knowledge of the economy, certainly modesty is called for in the ends
pursued through antitrust actions, nonetheless where competition
fails, antitrust represents society's second line of defense. In
summation, there is beyond a doubt a serious intellectual and
professional case that could be made for abandoning current antitrust
law and practice as it exists in the United States and Europe.
However, this book does not make that case.
References:
D. T. Armentano, 1972, _The Myths of Antitrust: Economic Theory and
Legal Cases_. New Rochelle, NY, Arlington House.
D. T. Armentano, 1999, _Antitrust: The Case for Repeal_, revised
second edition. Auburn, AL: Ludwig von Mises Institute, pp. 47-61.
Bork, Robert, 1978, _The Antitrust Paradox: A Policy at War with
Itself_. New York: Basic Books.
Harold Demsetz, 1982, "Barriers to Entry," _American Economic
Review_, Vol. 72, No. 1 (Mar.), pp. 47-57
John Howard Brown is Associate Professor of Economics in the School
of Economic Development of Georgia Southern University. His research
is in the fields of industrial organization, economic history and
history of economic thought. Currently he is working on an
intellectual history of industrial organization.
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