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Goldwasser, the Telecom Act, and Reflections on Antitrust Remedies

21 Pages Posted: 11 Jun 2007 Last revised: 13 Oct 2008

Phil Weiser

University of Colorado Law School

Abstract

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

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

Phil Weiser (Contact Author)

University of Colorado Law School ( email )

401 UCB
Boulder, CO 80309
United States

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