Out of the DOJ Ashes Rises the FTC Phoenix: How to Enhance Antitrust Enforcement by Eliminating an Antitrust Enforcement Agency

30 Pages Posted: 27 Apr 2018

See all articles by Darren Bush

Darren Bush

University of Houston Law Center

Date Written: 2016

Abstract

Congress passed the Federal Trade Commission Act in 1914, displeased with its initial foray into competition policy, the Sherman Act. Congress desired to create a Commission comprised of “trained, skillful [people]…. clothed with adequate authority” who could provide “more complete and accurate knowledge” of the practices of business and inform the courts and the Department of Justice. After 100 years, the system of consumer protection and competition policy in place stands in sharp contrast to the vision of Congress. This paper argues that it is time to restore the FTC to prominence Congress intended by eliminating the bulk of the DOJ's Antitrust authority.

Keywords: antitrust, competition policy

JEL Classification: L4, L40

Suggested Citation

Bush, Darren, Out of the DOJ Ashes Rises the FTC Phoenix: How to Enhance Antitrust Enforcement by Eliminating an Antitrust Enforcement Agency (2016). Willamette Law Review, Vol. 53, 2016, Available at SSRN: https://ssrn.com/abstract=3151568

Darren Bush (Contact Author)

University of Houston Law Center ( email )

4604 Calhoun Road
Houston, TX 77204-6060
United States
713.743.3346 (Phone)

HOME PAGE: http://www.law.uh.edu/faculty/main.asp?PID=1365

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