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Reimagining Antitrust Institutions: A (Modest?) Proposal

Author

Listed:
  • Ginsburg Douglas H.

    (25800 George Mason University Antonin Scalia Law School , Arlington, VA, USA)

  • Wright Joshua D.

    (Lodestar Law and Econoomics, Mclean, VA, USA)

Abstract

It is always an appropriate time to reevaluate, reexamine, and question the optimal scope and shape of antitrust institutions. In this article we ask whether the complex current distribution of competition functions in the U.S. can be improved by some reorganization or other reform. We answer in the affirmative and propose a number of improvements – perhaps the most significant being consolidating the competition functions of the FTC into the Antitrust Division and stripping the FCC of authority independently to review mergers, as it did in view of the similarly poor performance of the DOT when reviewing airline mergers. Our more general proposal with the authority of sectoral regulators over competition should not be overlooked, however; it would do much good with little or no downside.

Suggested Citation

  • Ginsburg Douglas H. & Wright Joshua D., 2024. "Reimagining Antitrust Institutions: A (Modest?) Proposal," Review of Law & Economics, De Gruyter, vol. 20(1), pages 83-155.
    • Handle: RePEc:bpj:rlecon:v:20:y:2024:i:1:p:83-155:n:1006
    DOI: 10.1515/rle-2023-0090
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    More about this item

    Keywords

    antitrust; federal trade commission; antitrust division; regulation;
    All these keywords.

    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
    • K23 - Law and Economics - - Regulation and Business Law - - - Regulated Industries and Administrative Law
    • L4 - Industrial Organization - - Antitrust Issues and Policies

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