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Taking Antitrust Away from the Courts

dc.contributor.authorSitaraman, Ganesh
dc.identifier.citation"Taking Antitrust Away from the Courts," GREAT DEMOCRACY INITIATIVE, Sept. 2018en_US
dc.descriptiona report published online at a political--policy making venue.en_US
dc.description.abstractA small number of firms hold significant market power in a wide variety of sectors of the economy, leading commentators across the political spectrum to call for a reinvigoration of antitrust enforcement. But the antitrust agencies have been surprisingly timid in response to this challenge, and when they have tried to assert themselves, they have often found that hostile courts block their ability to foster competitive markets. In other areas of law, Congress delegates power to agencies, agencies make regulations setting standards, and courts provide deferential review after the fact. Antitrust doesn’t work this way. Courts – made up of non-expert, unaccountable judges – set much of antitrust policy. This report provides a set of recommendations to take antitrust away from the courts – to restructure the antitrust laws and agencies in order to enhance the government’s ability to enforce antitrust laws more effectively and more transparently.en_US
dc.format.extentpublished online (9 pages)en_US
dc.publisherGreat Democracy Initiativeen_US
dc.subjectfederal trade commissionen_US
dc.subjectSherman Acten_US
dc.subjectClayton Acten_US
dc.subjectcompetition lawen_US
dc.subject.lcshtrade regulationen_US
dc.subject.lcshantitrust lawen_US
dc.titleTaking Antitrust Away from the Courtsen_US
dc.title.alternativeA Structural Approach to Reversing the Second Age of Monopolyen_US

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