Antitrust law in the United States is the patchwork result of over two hundred years of evolving and often conflicting views of the government's proper role in regulating business. Depending upon the social and business climate of the era and the economic philosophies of Congress, the President, and the judiciary, federal antitrust jurisdiction has waxed and waned. The result is the current system wherein the Department of Justice Antitrust Division ("Antitrust Division") and the Federal Trade Commission ("FTC") share dual jurisdiction to enforce the federal antitrust laws. However, in the push and pull of the changing eras, the intersection of the two agencies' jurisdiction has become hazy and often troublesome. Nowhere is the uncertainty more evident than in the process by which the two agencies decide which will review and investigates a proposed merger.
Lauren K. Peay,
The Cautionary Tale of the Failed 2002 FTC/DOJ Merger Clearance Accord,
60 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol60/iss4/6