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IDC Podcast - Monopoly in America, with Barry Hawk
Wednesday, 5 July, 2023
26 June, 2023 - In every aspect of life, it is invaluable to know and understand the causes of things. Antitrust and competition law and policy is no exception to this rule. In his recent book, "Monopoly in America", a follow on project of his previous one, "Antitrust and Competition Laws", our guest today, Prof. Barry Hawk, sheds invaluable light to the better understanding of current law and policy, as well as the institutions of competition law in the US. Studying the history of the evolution of competition law and policy helps to understand the present, as well as to imagine and build the future. Revisiting the historical origins of many of the institutions and legal figures of competition law, help to better understand the reason for things, their foundation and, on many occasions, what should be their specific application in a specific case. "Monopoly in America" largely fulfills this objective. American history did not begin in 1890 and American attitudes toward monopoly did not begin with the Sherman Act. Colonial Americans did not need instruction from Louis Brandeis to oppose monopolies. Americans have always hated monopoly―both public and private. At the same time, Americans have accepted government grants to incentivize production and innovation. And private monopolies resulting exclusively from skill, foresight and industry have been viewed as welcome entrepreneurial success. "Monopoly in America" offers a tour of the American experience with the notion of monopoly, including Prof. Hawk’s three kinds of monopoly from a historical perspective that he divides in four eras. While doing so, he examines the American antimonopoly tradition from its inception in the early 1600s to the present debate about the effectiveness of antitrust laws to deal with today’s monopolies. Barry Hawk is a leading expert in antitrust law; former partner at Skadden, Arps, Slate, Meagher & Flom. Former Director of the Fordham Competition Law Institute, 1974-2015. Former Professor of U.S. and international antitrust law at Fordham Law School, Michigan Law School, Monash University Law School (Melbourne), New York University Law School and University of Paris V. Author of many books and articles on antitrust and competition law and policy, including the annual volumes of the Fordham Competition Law Institute. Barry is also a member of IDC’s International Advisory Board. If you wish to enjoy the conversation we had on 17th June, 2020, with Prof. Eleanor Fox and Ian Forrester KC on Prof. Barry Hawk's previous book Antitrust and Competition Laws, please click here.
