Efficiencies and Antitrust Reconsidered: An Evolutionary Perspective

20 Pages Posted: 31 Oct 2014 Last revised: 13 Nov 2015

See all articles by Thomas Jeffrey Horton

Thomas Jeffrey Horton

University of South Dakota, School of Law

Date Written: 2015

Abstract

This article reconsiders the issue of efficiencies and antitrust from the perspectives of evolutionary biology and the growing field of evolutionary economics. The article begins by discussing how the term efficiency as currently used in antitrust today is more of a term of social science and economic ideology than a meaningful scientific concept. The article then moves on to address how the lessons of evolutionary biology and economics, including the need for systemic diversity and unremitting competition at all systemic levels, can be applied to structural antitrust and efficiencies analyses. The article concludes that it is time to bring fresh perspectives to the study of efficiencies and antitrust, and recommends a series of reforms, including increased and more aggressive enforcement against horizontal mergers between competitors; renewed interest in vertical mergers and agreements; and more aggressive guarding of competitive diversity and opportunity against unfair predatory conduct by dominant firms, monopolies, and oligopolies.

Keywords: Antitrust, Efficiency, Evolutionary Analysis

Suggested Citation

Horton, Thomas Jeffrey, Efficiencies and Antitrust Reconsidered: An Evolutionary Perspective (2015). 60 Antitrust Bulletin 168 (2015), Available at SSRN: https://ssrn.com/abstract=2514519

Thomas Jeffrey Horton (Contact Author)

University of South Dakota, School of Law

414 East Clark St.
Vermillion, SD 57069-2307
United States

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