Half-Time at the Antitrust Modernization Commission

Abstract

This paper is written at the half-way point in the three-year life of the Antitrust Modernization Commission. It reviews the legislative background and details the actions (and not taken) taken during the set-up and issue-identification phases. The paper outlines the principal issues that appear to be at stake, focusing on the role of the states, private enforcement, damages for indirect purchasers, single firm conduct, the Robinson-Patman Act, mergers, and immunities and exemptions. Finally, the paper addresses the question of whether what the AMC does will matter.