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To: Charles Hughes who wrote (21784)11/26/1998 12:23:00 AM
From: Gerald R. Lampton  Read Replies (1) | Respond to of 24154
 
Sorry, Chaz, to hear you are not willing to at least read Bork's book before you reject his ideas out of hand. All those people in the antitrust bar, on the bench, and elsewhere who say it is one of the most important and well-reasoned books ever written about antitrust -- I guess they're just a bunch of intellectual light-weights and corporate lackeys.

As for supporting the premise that natural monopoly exists and is a relevant concept for this case, I suggest you go back and reread some of my posts from last winter and spring, when I laid it all out, with citations to relevant sources and authorities.

What competition? There's a monopoly in place, right?

I am talking about potential market entrants who would replace the monopolist -- entities like Intel or, say, Netscape in the case of the case of the Windows OS monopoly.

I might argue that the process needs to start sooner, be more aggressive, and take less time in court. Perhaps via an in-place regulatory body rather than the relatively ineffective court system, because usually from here on we will be dealing with fast moving technological fields where the damage is done before you can get the law moving.

I think this is all out of whack. Let's assume that the judges or regulators, or whoever is going to be doing the planning, is at least as qualified as you are, and will completely understand whatever technology the regulated companies come up with. You will still have the problem of incomplete information. It is simply not possible for any regulator or planner to know all the details about a particular industry that he or she needs to know to come up with a viable plan or set of regulations, particularly given the time constraints imposed by accelerating changes in technology. Furthermore, such pervasive intervention and regulation will lead to serious instability in the legal system and will eventually lead to a breakdown in the rule of law itself.

I believe the ideas of natural monopoly and short term consumer price effects as the measure of harm are red herrings being injected into the antitrust debate from only one direction - those who want to wreck antitrust protections. To the extent that intelligent people entertain these concepts we lose time and much else.

Well, it's a free country, so you can believe whatever you like.

I will simply ask you what you would put in the place of these concepts to guide antitrust policy, and I will say that those who are going to "wreck antitrust protections" are the well-meaning but mistaken people who seek to impose them in circumstances, such as natural monopoly, where they do not apply.