Ethics, Rights, and White’s Antitrust Skepticism

• Author: Ryan Long
• Published date: 01 June 2016
• Date: 01 June 2016
• DOI: http://doi.org/10.1177/0003603X16646573

Article

Ethics, Rights, and White’s

Antitrust Skepticism

Ryan Long*

Abstract

Mark White has developed a provocative skepticism about antitrust law. I first argue against three

claims that are essential to his argument: the state may legitimately constrain or punish only conduct

that violates someone’s rights, the market’s purpose is coordinating and maximizing individual

autonomy, and property rights should be completely insulated from democratic deliberation. I then

sketch a case that persons might have a right to a competitive market. If so, antitrust law does deal with

conduct that violates rights. The main thread running throughout the article is that what counts as a

legitimate exercise of property rights is dynamic, sensitive to various external conditions, and is the

proper object of democratic deliberation.

Keywords

autonomy, rights, harms, wrongs

I. Introduction

Mark White has developed a provocative skepticism about antitrust law.

1

I will focus on three parts of

his argument:

1. The state may legitimately constrain or punish only conduct that violates someone’s rights.

2. The market’s purpose is coordinating and maximizing individual autonomy.

3. Property rights should be completely insulated from democratic deliberation.

I will defend antitrust law by providing counterarguments to each of these claims. I will also argue

that granting (1) and (2) does not entail White’s skepticism.

*Philadelphia University, Philadelphia, PA, USA

Corresponding Author:

Ryan Long, Philadelphia University, Philadelphia, PA 19144, USA.

Email: longr@philau.edu

1 Mark D. White, On the Justification of Antitrust: A Matter of Rights and Wrongs,ANTITRUST BULL. (2016, this issue).

The Antitrust Bulletin

2016, Vol. 61(2) 336-341

ªThe Author(s) 2016

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DOI: 10.1177/0003603X16646573

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