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U.S.: Robert H. Bork, author of The Antitrust Paradox, dies at 85

By  |  December 19, 2012

Judge Robert H. Bork has passed away early Wednesday. He was 85. Bork is known as a conservative icon, leading an often controversial lifelong fight against “liberal judicial activism,” arguing judges with a liberal bias let personal views conflict with their Constitutional interpretations. Bork’s first book, The Antitrust Paradox, was published in 1978 and is considered a classic work by many in the antitrust community; Bork controversially argued in his text that the nation’s original intent of competition law was solely for the protection of consumers and competition, not the protection of competitors. Therefore, he argued, some practices – such as vertical agreements – do not harm consumers and therefore should not be outlawed. From its first publication to the early 2000s, the Supreme Court adopted some views stated in the book; the publication lead to several changes to antitrust law, legalizing some practices that were previously illegal.

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