The Institutions of U.S. Antitrust Enforcement: Comments for the U.S. House Judiciary Committee on Possible Competition Policy Reforms

Abstract

This paper provides comments on the investigation by the US House Judiciary Committee (“the Committee”) into the state of competition in the digital marketplace. The comments focus on the third topic identified by the Committee: Whether the institutional structure of antitrust enforcement – including the current levels of appropriations to the antitrust agencies, existing agency authorities, congressional oversight of enforcement, and current statutes and case law – is adequate to promote robust enforcement of the antitrust laws. The paper focuses principally on the policy implementation challenges that stand between ambitious reform aspirations and their effective realization in practice and the measures that Congress can take to strengthen antitrust’s implementing institutions. Drawing on lessons from modern antitrust history, other jurisdictions, and our own experience, the paper proposes steps to overcome identified impediments that are otherwise likely to stand in the way of effective delivery of proposals to expand competition policy in the US.