Author(s)
Source
AEI Press, March 2007
Summary
This book looks at whether the remedies in antitrust cases work well.
Policy Relevance
Antitrust consent orders are often too complex, too ambitious, and/or last too long. Courts would accomplish more if the remedies were simpler and easier to enforce.
Main Points
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If the law tries to do too much, it is likely to fail. Generally, this is true of antitrust consent decrees.
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Courts generally favor remedies that are easy to administer. But caution is set aside in antitrust cases to punish high-profile offenders.
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Antitrust orders often
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Last too long, so that even well-written orders become obsolete.
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Are too broad, ranging outside the issues addressed in the case, and constantly requiring expensive re-interpretation.
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Are too complex, which causes confusion and can actually harm competition.
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Examples of failed decrees the decree entered in breakup of the Bell System in 1982, which was ended by legislation, and the Microsoft consent decrees.