Antitrust in its Second Century
Antitrust is entering a new era. The extreme anti-antitrust of the 1980s is behind us. President Bush's initial appointees to head the federal antitrust enforcement agencies -- Assistant Attorney General James F. Rill and Federal Trade Commission Chair Janet Steiger -- wasted no time in expressing their commitment to antitrust enforcement as positive policy to keep the United States competitive. 1 Scholars, policy makers, enforcers, and well-informed practitioners have offered a new synthesis, bringing together the best of efficiency theory and the best of structural, strategic, and diversity theory, as reflected in the prior parts of this volume.
The essayists in this part reflect on the immediate past decade and on possibilities for the future.
Edward Correia, former Chief Counsel for the Judiciary Committee of the U.S. Senate and now professor of law, Northeastern University, provides a view from Capitol Hill. Correia reflects on two debates -- the political and the doctrinal. Correia describes Congress's role in the antitrust policy arena and discusses all of the important, ongoing legislative debates, from repeal of the insurance exemption to relaxation of antitrust proscriptions for high-tech joint ventures. Correia maps out a legislative program.
The Honorable Robert Abrams, Attorney General of the State of New York, and Lloyd Constantine, Deputy Assistant Attorney General of the State of New York in Charge of Antitrust provide the view from the states. Their essay describes and analyzes the enforcement initiatives by the states, filling the 1980s enforcement gap, and the consensus view by state attorneys general of the proper relationship between state and federal enforcement. In an essay that follows, Jerome A. Hochberg, former senior trial attorney in the Antitrust Division of the U.S. Department of Justice, takes a skeptic's view of multiple state enforcement, but encourages the state enforcers in their mission to dismantle cartel protectionism by state and