R-A Theory as a post-Chicago Argument for Legal Coopetition

Abstract

Prosecution of cooperative business arrangements in the United States has relied less on neoclassical economics, and more on the ideology of elected officials and regulatory bodies. Recently, the U.S. Supreme Court accepted a view of competition that acknowledges imperfect information and attaches significance to the deadweight loss on society. This change signals the Court’s openness to alternative theories for guidance when evaluating antitrust behavior. Resource-advantage theory is presented as an alternative framework to neoclassical economic thought, because it allows for the formation of alliances, even among competitors, that are not inherently detrimental to society.