Out of the DOJ Ashes Rises the FTC Phoenix: How to Enhance Antitrust Enforcement by Eliminating an Antitrust Enforcement Agency

By Darren Bush (University of Houston)

Congress passed the Federal Trade Commission Act in 1914, displeased with its initial foray into competition policy, the Sherman Act. Congress desired to create a Commission comprised of “trained, skillful [people]…. clothed with adequate authority” who could provide “more complete and accurate knowledge” of the practices of business and inform the courts and the Department of Justice. After 100 years, the system of consumer protection and competition policy in place stands in sharp contrast to the vision of Congress. This paper argues that it is time to restore the FTC to prominence Congress intended by eliminating the bulk of the DOJ’s Antitrust authority.

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