Law, Business, and Society 9th Edition by Tony McAdams

Exercise 25

Scholar and jurist Richard Posner argues,
The protection of small business whatever its intrinsic merit cannot be attained within the Frame work of antitrust principles and procedures. The small businessman is, in general, helped rather than hurt by monopoly, so unless the antitrust laws are stood completely on their head they are an inapt vehicle (compared, say, to tax preferences) for assisting small business. 33
a. Is antitrust law an inappropriate vehicle for protecting small business Explain.
b. Should we protect small business Explain.
c. How does the presence of monopolies benefit small business
d. If it is not the proper vehicle for protecting small business, what role should antitrust law serve For example, should social considerations (such as the maintenance of full employment and the dispersal of political power) assume greater importance Or should antitrust policy hew as closely as possible to economic goals Explain.