Obama's Antitrust Policy:

Josh Wright has some predictions and commentary here.

Jake90024 (mail):
Obama can bring all the antitrust cases he wants. He will still have difficulty winning those cases. I know that the agencies devote significant resources to winning the cases they bring (they're not filing cases and then sitting on their hands hoping to lose), and yet they more often than not lose.

So all I can say is, good luck with that.
11.11.2008 5:15pm
K. Dackson (mail):
How about "Obama - trust Him at your own peril" for an anti-trust policy?
11.11.2008 5:48pm
It will take a long time to change the Supreme Court on this one, particularly on the unilateral conduct front that he seems to want to emphasize. The Trinko case was 9-0. And the upcoming LinkLine case is likely to further limit things in that arena.
11.11.2008 6:06pm

Competition Advocacy in the U.S. and Internationally. "My administration will strengthen the antitrust authorities' competition advocacy programs to ensure that special interests do not use regulation to insulate themselves from the competitive process. Finally, my administration will strengthen competition advocacy in the international community as well as domestically.
Great. I look forward to his first targets: the post office, public education, OPEC. Let's add a fourth: the cartels of professional licensing.
11.11.2008 8:45pm
Eli Rabett (www):
As was well put: Too big to fail, too big to exist.
11.12.2008 9:28am
I don't think it's accurate to say that DOJ and FTC lose more often than not; they get alot of consent decrees in merger cases, and frequently the threat of filing a complaint gets parties to scuttle their deals.

I do think Obama is being a bit fanciful if he thinks he's going to go anywhere with unilateral conduct. At this point, Europe is the real enforcer in that area.
11.13.2008 1:13pm