‘Antitrust Is Law Enforcement, Not Regulation’

Posted by Bloomberg

‘Antitrust Is Law Enforcement, Not Regulation’

By Andrew Ross Sorkin

The Justice Department hasn’t sued to block AT&T’s $85.4 billion takeover of Time Warner — not yet, anyway. But its antitrust chief, Makan Delrahim, has laid out the principles that would guide that lawsuit when, or if, it is filed.

In short: He’s not seeking to regulate companies by forcing them to change how they act through what are known as “behavioral remedies.” Instead, companies should be forced to make structural changes — which often means selling significant assets — if the Justice Department has problems with their proposed union or see their transaction blocked altogether.

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