Revisiting Bork the Antitrust Warrior

By: Bertold Bär-Bouyssière (D’Kart)

Some books change the world, they say, and that is even true for competition law and policy. This summer, Bertold Bär-Bouyssière re-read the one book that gave antitrust policy a new direction: Robert Bork’s “The Antitrust Paradox”. Here is his review!

Robert Bork´s seminal work “The Antitrust Paradox” is available again, published by Bork Publishing in 2021 with a new introduction by Senator Mike Lee and a Foreword by Robert H. Bork, Jr. The hardcover edition is at USD 39,99, it is quite a solid brick. The legacy subtitle of the Antitrust Paradox is “A Policy at War With Itself”. A new sub-subtitle explains: “The most important book on antitrust ever written”. A bit like “the greatest rock´n´roll band of the world” right off Mick Jagger´s thick red tongue.

Before writing this contribution for @Professor Rupprecht Podszun´s blog – an invitation that I am most privileged to receive and grateful to accept – I read the book again, at least the Chapters 1 to 8 included. My only criticism of the book as a physical product is the small pale print of the indented citations, which I find difficult to read. The content, though, remains explosive, although with a caveat. I apologize for any misunderstandings of this great work and thank my antitrust buddies @Steven Levitsky and @Todd Seelman for a brief collegial peer review.

Some books are like meteorites: They have a lasting impact. The Antitrust Paradox is one of them…