ACADEMIC ARTICLE SUMMARY
Federalism In Antitrust
Article Source: Harvard Journal of Law & Public Policy, Vol. 23, 1999; AEI-Brooking Joint Center Working Paper No. 02-09, 2002
Publication Date:
Time to Read: 1 minute readWritten By:
Anne Layne-Farrar
Robert W. Hahn
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ARTICLE SUMMARY
Summary:
This paper asks what role the state should play in national competition policy.
POLICY RELEVANCE
Policy Relevance:
The States' role in national competition policy should be limited, so that local interests do not sway these policies to benefit themselves at national expense.
KEY TAKEAWAYS
Key Takeaways:
- States best represent consumers and firms within their borders, but not consumers nationally.
- In the antitrust suit against Microsoft, the states’ involvement was clearly motivated by lobbying from Microsoft’s competitors. The states made the suit more long, complicated, confusing, and expensive.
- National antitrust cases involve difficult economic issues and the states lack the expertise to perform this analysis.
- Nations, like individual states, could use competition policy to pass costs to consumers in other countries, but global competition policy is not practicable for now.
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About Anne Layne-Farrar
Anne Layne-Farrar, Director, LECG, studies the interaction between intellectual property and competition policy. She focuses particularly on high-tech and network markets such as pharmaceuticals, communications, software, and airlines.
Dr. Layne-Farrar’s web site is at http://www.lecg.com/experts/profile.aspx?shortid=51. She can be reach at alayne@lecg.com.
Dr. Layne-Farrar’s web site is at http://www.lecg.com/experts/profile.aspx?shortid=51. She can be reach at alayne@lecg.com.
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