Acton Institute Powerblog

Sue the Competition

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AMD is suing Intel, claiming "freedom of choice and the benefits of innovation…are being stolen away in the microprocessor market," says Hector Ruiz, AMD chairman, president and chief executive.

This case raises concerns over at Fast Company Now, as Kevin Ohannessian writes,

I worry that this could start a new trend. Is a competitor trouncing you? Sue him. Do you feel your product is underperforming due to unfair opposition? Take your rival to court. It does seem at times that America is a nation built on litigation, but capitalism is about competition. Such lawsuits should make competition more fair, and not replace it altogether. Let us hope the next year proves this to be the case.

Tort reform policy is an important part of addressing the litigious mind-set of America. Ohannessian’s comment brings out the critically important role of the courts, as arbiters of justice. But they should be arbiters of the last resort, not replacing other structures and spheres of reconciliation.

In Trial by Fury, the latest volume in the Christian Social Thought Series, law professor Ronald J. Rychlak makes the argument that the tort system needs to be oriented to the common good in order to maximize justice. And part of realizing the common good is appreciating the role of essential mediating institutions.

Jordan J. Ballor Jordan J. Ballor (Dr. theol., University of Zurich; Ph.D., Calvin Theological Seminary) is a senior research fellow and director of publishing at the Acton Institute for the Study of Religion & Liberty. He is also a postdoctoral researcher in theology and economics at the VU University Amsterdam as part of the "What Good Markets Are Good For" project. He is author of Get Your Hands Dirty: Essays on Christian Social Thought (and Action) (Wipf & Stock, 2013), Covenant, Causality, and Law: A Study in the Theology of Wolfgang Musculus (Vandenhoeck & Ruprecht, 2012) and Ecumenical Babel: Confusing Economic Ideology and the Church's Social Witness (Christian's Library Press, 2010), as well as editor of numerous works, including Abraham Kuyper Collected Works in Public Theology. Jordan is also associate director of the Junius Institute for Digital Reformation Research at Calvin Theological Seminary.

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