Goldwasser, the Telecom Act, and Reflections on Antitrust Remedies
University of Colorado Law School
Administrative Law Review, Vol. 55, No. 1, 2007
Antitrust courts have long struggled to identify tractable principles to guide the implementation of access remedies. This Article evaluates the proper course of action related to antitrust oversight in the wake of the Telecommunications Act of 1996, explaining that antitrust law can and should evaluate the impact of purportedly anticompetitive conduct. In so doing, however, it should be mindful of the institutional limitations of antitrust courts in superintending access remedies. In particular, antitrust courts that find a violation should rely on regulatory agencies to manage conduct remedies which, while necessary to address competitive concerns, are beyond the competence of antitrust courts to implement.
Number of Pages in PDF File: 21
Keywords: antitrust law, telecommunications regulation, Trinko
JEL Classification: K21
Date posted: June 11, 2007 ; Last revised: October 13, 2008