Law Commons^™

State Antitrust Enforcement: Politics Or Economics?, Nickolas Remish

Student Research Submissions

Antitrust enforcement on the federal level has clear partisan influences; Democrats usually support expansive enforcement regimes while Republicans oppose them. On the state level, the ideological divide appears muddled. State attorneys general, who are mostly elected officials, are responsible for initiating lawsuits. This study seeks to determine whether state attorneys general mirror their federal counterpart in enforcing antitrust law on a partisan basis or whether unique state variables such as economic factors overwhelm ideological motivations. Public choice theory dictates politicians prioritize re-election and will adhere to constituent interest, thus providing the theoretical foundation for why politicians may tailor antitrust enforcement …