The Evolution of U.S. Cartel Enforcement
考察了罗伯特·博克在《反垄断悖论》中对卡特尔执法的观点，并与理查德·波斯纳的立场对比，识别出美国卡特尔执法的三个阶段，揭示实际执法与博克主张的差异。
Antitrust as a whole was transformed owing in large part to Robert Bork in The Antitrust Paradox. This paper examines what Bork said and did not say about cartel enforcement and offers an examination of how the actual structure of cartel enforcement played out relative to what Bork advocated. To provide some perspective on Bork’s view of cartel enforcement, we compare his views with those of the other major influential antitrust book of the time by Richard Posner. We identify three distinct stages of cartel enforcement. Stage 1 is characterized by a low number of cartels prosecuted along with low fines and jail terms. Consistent with Bork’s vision, stage 2 demonstrates a significant increase in cartels prosecuted, although fines and jail terms remain low. Stage 3 (the current stage) exemplifies a decline in the number of cartels prosecuted relative to stage 2 but with dramatic increases in monetary fines and jail terms.