JOURNAL ARTICLE

The good, the bad, and the ugly of US antitrust.

  • Published In: Journal of Antitrust Enforcement, 2023, v. 11, n. 2. P. 283 1 of 3

  • Database: Business Source Ultimate 2 of 3

  • Authored By: Stucke, Maurice E 3 of 3

Abstract

This article analyzes challenges faced by U.S. federal agencies in revitalizing competition amid outdated antitrust laws and judicial overreach. It highlights the legislative stagnation in updating antitrust statutes for the digital economy and critiques courts for imposing their own economic theories rather than adhering to congressional intent, which undermines the rule of law and enforcement effectiveness. The article advocates restoring constitutional balance by having courts strictly adjudicate, Congress legislate clear antitrust rules, and enforcement agencies apply these laws consistently. It also discusses bipartisan legislative efforts to reform antitrust law and the difficulties posed by vague legal standards and politicized enforcement.

Additional Information

  • Source:Journal of Antitrust Enforcement. 2023/07, Vol. 11, Issue 2, p283
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2023
  • ISSN:2050-0688
  • DOI:10.1093/jaenfo/jnad038
  • Accession Number:169851086
  • Copyright Statement:Copyright of Journal of Antitrust Enforcement is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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