Hearing But Not Listening: Comparative Competition Law and the DOJ Monopoly Report

Global Competition Policy, October 2008

5 Pages Posted: 9 Nov 2008

See all articles by Spencer Weber Waller

Spencer Weber Waller

Loyola University Chicago School of Law

Date Written: November 6, 2008


The Department of Justice ("DOJ") monopoly report is enormously disappointing for a number of reasons. The Federal Trade Commission ("FTC") was wise to participate in this important project, but equally wise to distance itself from the final work product. The final report represents a serious effort, but reads in too many places like a justification for a record of inaction by the DOJ and an attempt to lock in future administrations to a similar course.

I suspect that the report will achieve neither of these goals and hope that the DOJ's Antitrust Division of the next administration rejoins the FTC in bringing both innovative and traditional monopolization investigations and cases where appropriate.

Keywords: Department of Justice, DOJ, Federal Trade Commission, FTC, monopoly, monopolization, single firm conduct, unilateral conduct, refusal to deal, essential facilities, EU, competition law, antitrust, comparative law, comparative competition law

JEL Classification: D42, K21, L12, L40, L41

Suggested Citation

Waller, Spencer Weber, Hearing But Not Listening: Comparative Competition Law and the DOJ Monopoly Report (November 6, 2008). Global Competition Policy, October 2008, Available at SSRN: https://ssrn.com/abstract=1296763

Spencer Weber Waller (Contact Author)

Loyola University Chicago School of Law ( email )

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