March 2011 Vol. 109 No. 5 THE REVIEW

The Case for Rebalancing Antitrust and Regulation

Howard A. Shelanski

The Supreme Court's decisions in Verizon v. Trinko and Credit Suisse v. Billing reduced the reach of antitrust law in regulated industries; they did so even where Congress expressly preserved antitrust enforcement, and even though the Court itself had long declined to block antitrust suits against regulated firms except in unusual circumstances. This Article analyzes the reasoning and potential consequences of Trinko and Credit Suisse. It provides a critique of the Supreme Court's redrawing of the relationship between antitrust and regulation and explains how Trinko and Credit Suisse could saddle regulators with a choice between inefficiently strong and overly weak regulation as economic conditions change in regulated industries. The Article concludes that consumers and industry would benefit from a rebalancing of antitrust and regulation and discusses several possible means to that end.

   //  VIEW PDF
& Other Current Events

Fall Submission Season

MLR’s Articles Office will open its fall submission season on Monday, August 18!  The Articles...

The Ninth Circuit's Treatment of Sexual Orientation: Defining “Rational Basis Review with Bite”

On February 10, Nevada's Democratic attorney general decided to stop defending the state's constitutional...

Inhibiting Intrastate Inequalities: A Congressional Approach to Ensuring Equal Opportunity to Finance Public Education

The United States has exhibited a strong commitment to public education throughout its history. The local...

War Is Governance: Explaining the Logic of the Laws of War from a Principal-Agent Perspective

What is the purpose of the international law on armed conflict, and why would opponents bent on destroying...

Tariffication of the Coastwise Trade Laws

The coastwise trade laws prohibit foreign vessels and mariners from transporting goods or passengers...
MAILING LIST
Sign Up to Join Our Mailing List