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The Impact Of Antitrust Guidelines On Business

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  • JAMES LANGENFELD

Abstract

The dual antitrust goals of predictable law enforcement and accurate decisions in individual cases have been in conflict for decades. There are three dimensions to this conflict. First, there may be insufficient information on how the courts and enforcement agencies interpret the antitrust statutes. Second, the enforcement agencies may not use consistent standards to evaluate actual and potential antitrust cases. Third, antitrust guidelines may differ significantly from case law. Unfortunately, attempts to improve one dimension of antitrust policy generally create conflicts elsewhere. Thus, the search for better antitrust decision making in individual cases has made antitrust counseling more complex and expensive. Over time, standards have evolved at different rates at the Department of Justice (DOJ), the Federal Trade Commission (FTC), and the courts, and inconsistencies among these three decision‐making bodies have further complicated the task of antitrust counseling. In this environment, improved and updated information on antitrust standards can potentially be very valuable to the business community.

Suggested Citation

  • James Langenfeld, 1986. "The Impact Of Antitrust Guidelines On Business," Contemporary Economic Policy, Western Economic Association International, vol. 4(3), pages 22-29, July.
  • Handle: RePEc:bla:coecpo:v:4:y:1986:i:3:p:22-29
    DOI: 10.1111/j.1465-7287.1986.tb00846.x
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    References listed on IDEAS

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    1. Baumol, William J, 1982. "Contestable Markets: An Uprising in the Theory of Industry Structure," American Economic Review, American Economic Association, vol. 72(1), pages 1-15, March.
    2. Terry Calvani & James Langenfeld, 1985. "An Overview Of The Current Debate On Resale Price Maintenance," Contemporary Economic Policy, Western Economic Association International, vol. 3(3), pages 1-8, March.
    3. Thomas M. Jorde, 1986. "Restoring Predictability To Merger Guideline Analysis," Contemporary Economic Policy, Western Economic Association International, vol. 4(3), pages 1-21, July.
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