21 Pages Posted: 11 Jun 2007 Last revised: 13 Oct 2008
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.
Keywords: antitrust law, telecommunications regulation, Trinko
JEL Classification: K21
Suggested Citation: Suggested Citation
Weiser, Phil, Goldwasser, the Telecom Act, and Reflections on Antitrust Remedies. Administrative Law Review, Vol. 55, No. 1, 2007. Available at SSRN: https://ssrn.com/abstract=991910