Antitrust in the New Economy

Abstract

In this paper Judge Posner addresses the application of the antitrust laws to computer software and related "new economy" industries. He argues that antitrust doctrine is sufficiently supple to cope adequately with the legal and economic issues of antitrust policy presented by these industries but that the institutional framework of antitrust is inadequate; antitrust cases move too slowly and the antitrust community lacks the necessary technical expertise. He proposes several partial solutions to these problems.