Restoring Antitrust, Restoring Competition

By John E. Kwoka

Over the past twenty years, merger enforcement in the U.S. has narrowed its focus and led to significant increases in concentration and market power throughout the economy. This essay proposes several measures to help restore antitrust and thereby restore competition. These are (1) to enforce the Merger Guidelines more strictly, relying to a greater degree on structural criteria to guide enforcement, (2) to utilize the doctrine of potential competition more aggressively, thereby