Dystopian thinking is pervasive within the antitrust community. Unlike entrepreneurs, antitrust scholars and policy makers often lack the imagination to see how competition will emerge and enable entrants to overthrow seemingly untouchable incumbents.
Forthcoming in the Missouri Law Journal, ICLE scholars scrutinize recent scholarship regarding so-called "kill zones" and "killer acquisitions" and the pitfalls that would accompany attempts to change existing merger rules and thresholds to account for them.
Woodcock’s bold claims ignore or misconstrue several critical aspects of the modern antitrust apparatus. Chief among these is the uncertainty that underpins antitrust enforcement, and the rule of reason’s role in decreasing this uncertainty.