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Antitrust; Department of Justice; DOJ; Federal Trade Commission; FTC; Trump; Obama; Bush; Google; Facebook; marijuana; media; merger; think tanks; Open Markets Institute; Institute for Local Self-Reliance; The American Economic Liberties Project; competition law; second requests; cannabis; Department of Justice's Antitrust Division; ATR; William Barr; Office of Professional Responsibilitity; OPR; Disney-Fox; AT&T/Time Warner; merger; trade regulation; Controlled Substances Act; CSA; Hart-Scott-Rodino Act; HSR; threshold concern; enforcement; investigation; Clayton Act; Automakers; Greenhouse gas; environment; gas emission; Noerr-Pennington doctring; Roy Cohn; CARES Act; COVID-19; AI; neo-Brandeisian; technology; competition; anti-competitive; monopoly; duopoly; Android; iPhone;
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Full-Text Articles in Law
Two Politicizations Of U.S. Antitrust Law, Frank Pasquale, Jacqueline Green
Two Politicizations Of U.S. Antitrust Law, Frank Pasquale, Jacqueline Green
Brooklyn Journal of Corporate, Financial & Commercial Law
Critics have accused the Trump Department of Justice (DOJ) and Trump-appointee-chaired Federal Trade Commission (FTC) of populism, deviating from the more technocratic standards that governed agency interventions during the Bush and Obama eras. The broad brush of politicization has been applied to the administration's handling of a wide variety of topics, ranging from marijuana and media mergers, to landmark lawsuits against Google and Facebook. But a more discerning eye is necessary here. The concept of the political has both authoritarian and democratic registers. The federal Google and Facebook antitrust cases reflected the democratization of high technology antitrust. Meanwhile, troublingly authoritarian …