Fordham Law Review Volume 49 Issue 5 Article 13 1981 Note: Economies of Scale: Weighing Operating Efficiency when Enforcing Antitrust Law Laraine L. Laudati Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Laraine L. Laudati, Note: Economies of Scale: Weighing Operating Efficiency when Enforcing Antitrust Law, 49 Fordham L. Rev. 771 (1981). Available at: https://ir.lawnet.fordham.edu/flr/vol49/iss5/13 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact
[email protected]. ECONOMIES OF SCALE: WEIGHING OPERATING EFFICIENCY WHEN ENFORCING ANTITRUST LAW "[I]t has been the law for centuries that a [person] may set up a business in a country town too small to support more than one, although thereby ... [intending] to ruin some one already there and [succeeding in that] intent. In such a case [the competitor] is not held to act 'unlawfully and without justifiable cause .... The reason, of course, is that the doctrine generally has been accepted that free competi- tion is worth more to society than it costs, and that on this ground the infliction of the damage is privileged." * INMODUCION Economists have long recognized the antitrust dilemma that it is impossible to promote perfect competitionI when large economies of scale are present.' Because economists generally believe that anti- trust policy should reinforce the achievement of scale economies,3 they encourage only workable competition when large scale econo- mies exist.4 Courts, although traditionally emphasizing populist goals in antitrust enforcement, such as protecting small business,' recently * Vegelaln v.