Courts should assess market efficiency from "summary" of The Antitrust Paradox by Robert Bork
The efficiency of a market should be the primary concern for courts when evaluating antitrust cases. Instead of focusing on protecting competitors or promoting a certain level of competition, courts should assess whether the market is functioning efficiently. This means that courts should consider whether resources are being allocated efficiently, whether prices are determined by competitive forces, and whether innovation is being encouraged. When courts prioritize market efficiency, they are more likely to make decisions that benefit consumers. By allowing competitive forces to operate freely, markets can achieve optimal outcomes for consumers in terms of lower prices, higher quality products, and greater innovation. This focus on efficiency also ensures that resources are allocated in the most productive manner, leading to ove...
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