Antitrust Transitions

11 Pages Posted: 19 Mar 2009 Last revised: 19 Feb 2010

See all articles by Spencer Weber Waller

Spencer Weber Waller

Loyola University Chicago School of Law

Jennifer Woods

affiliation not provided to SSRN


Antitrust enforcement is entering a period of transition in the United States. The election of Barack Obama as President and his executive branch, regulatory, and judicial appointments will have importance consequences for antitrust law and enforcement, although most observers believe that these changes will be relatively modest both substantively and in comparison to matters of banking reform and economic stimulus.

As part of that process of change, there has been no shortage of advice offered to first the Obama transition team, and now the Administration, about how to handle competition policy going forward. Two of the more substantial efforts in this regard come from well established antitrust groups with very different perspectives and memberships. Both the Antitrust Section of the American Bar Association and the American Antitrust Institute have offered sophisticated lengthy public advice to the new Administration on how best to proceed in the competition law field. The reports are very different in nature and reflect the different nature of the institutions that prepared them. This essay takes a brief look at the transition reports offered by each organization and the vision they would offer the new Administration.

Keywords: Obama, transition reports, antitrust, competition policy, Antitrust Division, Federal Trade Comission, Antitrust Section Section, American Antitrust Institute, cartels, monopolization, mergers, health care, energy, media

JEL Classification: B21, B41, D4, D6, K2, L1

Suggested Citation

Waller, Spencer Weber and Woods, Jennifer, Antitrust Transitions. World Competition: Law and Economics Review, Vol. 32, No. 2, 2009, Loyola University Chicago School of Law, Public Law & Legal Theory Research Paper No. 2009-0023, Available at SSRN:

Spencer Weber Waller (Contact Author)

Loyola University Chicago School of Law ( email )

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Jennifer Woods

affiliation not provided to SSRN ( email )

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