In Europe, the relations between National States and the EU receive constant attention, but in the United States relations between state and federal antitrust authorities only seem to get noticed when a state contradicts a federal action. But practitioners and corporate counsels—both national and international—would do well to pay vigilant attention. Our issue includes articles […]

State and Federal Antitrust Enforcement: Complementary or Just Confusing?

Elinor Hoffmann, Nov 19, 2012 Our federalist system and our belief in the social, political, and economic benefits of competition have spawned a multiplicity of antitrust enforcers. On the federal side, the Federal Trade Commission (“FTC”) and the Department of Justice’s Antitrust Division (“DOJ”) have overlapping jurisdiction with regard to civil antitrust enforcement, and the […]

The State of State-Federal Cooperation at the Antitrust Division: A View from the Front Row

Mark Tobey, Nov 14, 2012 Under the leadership of former Assistant Attorney General (“AAG”) Christine Varney and Acting Assistant Attorneys General Sharis Pozen and Joseph Wayland, the U.S. Department of Justice Antitrust Division has renewed and expanded federal-state partnerships that are essential to many of the division’s accomplishments. As AAG Varney stated in an early […]

State-Federal Relations

Kathleen Foote, Nov 14, 2012 Antitrust enforcers in the offices of state attorneys general frequently find ourselves between a rock and a hard place when it comes to public perceptions of our work. State antitrust enforcement tends to be subject to criticism as misguided-or worse-whenever it diverges publicly from enforcement by the federal agencies. Yet […]

Joint State and Federal Enforcement of the Antitrust Laws: More Historic than Conflicting

James Donahue, III, Nov 14, 2012 The concept of a statute to temper or eradicate the market power of trusts and cartels of businesses that agreed not to compete against one another first arose in state legislatures, notably Missouri and Kansas, prior to the passage of the Sherman Act in 1890. These statutes codified and […]

Parallel Federal/State Antitrust Investigations

Stephen Houck, Nov 14, 2012 Most state antitrust enforcement actions are brought by a single state acting on its own rather than jointly with other states or the federal agencies. The broad antitrust jurisdiction of state attorneys general, however, does overlap significantly with that of the two federal antitrust enforcement agencies. According to one study, […]

State Antitrust Law: A Trap for the Unwary

Robert Langer, Nov 14, 2012 In 1994, while still with the Connecticut Attorney General’s Office, I wrote a short essay that cautioned antitrust practitioners to beware of state antitrust enforcers and state antitrust law. The article was part of an issue that addressed significant changes in the world of distribution practices. Indeed the cover of […]