New (short) essay: “Methodological and Normative Elements of the New Antitrust”

Here is a draft of a new, short essay, for the Journal of Antitrust Enforcement‘s upcoming issue on “The U.S. Antitrust and Anti-Monopoly Realignment: Three Year Checkup.” The essay focuses on succinctly drawing out what I see as the two key analytic/methodological moves of ‘the new antitrust’: 1) a recognition of the pervasiveness of economic coordination in all markets and economies, and law’s role in shaping its character; 2) a focus on channeled competition, given its direction by what Gardiner Means called “canalizing rules,” rather than on perfect competition as an analytic framework for understanding competitive dynamics and as a normative benchmark for policy.