Understanding how and why the U.S. Competition law system is decentralized
U.S. competition (antitrust) authority is decentralized, unlike that of most countries. Private parties, state agencies, and two federal agencies enforce competition law at both the state and federal level. Private and federal enforcement was a deliberate congressional decision, while power shared b...
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Main Author: | |
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Format: | Article |
Language: | English |
Published: |
2015
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Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5171982 |
Source: | Estudios de Deusto: revista de la Universidad de Deusto, ISSN 0423-4847, Vol. 63, Nº. 1, 2015, pags. 157-168 |
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Summary: |
U.S. competition (antitrust) authority is decentralized, unlike
that of most countries. Private parties, state agencies, and two federal
agencies enforce competition law at both the state and federal level. Private and federal enforcement was a deliberate congressional decision,
while power shared between state and federal government is natural in a
federalist system. The federal government decentralization however, is
more a consequence of judicial and legislative history than intent.
The purpose of this essay is to explain to international law agencies how
and why the U.S. competition law system is decentralized. It will cover the
nature of state, federal, and private party enforcement of competition law |
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