Institutional Reforms and Agency Design

Abstract

Despite the idiosyncratic and sometimes counterproductive institutional scheme of federal antitrust enforcement created by failed Congressional design and decades of iterative experimentation, the U.S. antitrust agencies function relatively successfully most of the time. Because of this, the temptation is always to let well enough alone. There are many more pressing needs than major overhauls of the federal antitrust agencies. That said, if there is political will for reforms, there are no shortage of sensible possibilities.