Chapter

The United States <i>The Competition Law System and the Country’s Norms</i>

Harry First, Eleanor Fox and Daniel E. Hemli

in The Design of Competition Law Institutions

Published in print December 2012 | ISBN: 9780199670048
Published online January 2013 | e-ISBN: 9780191744341 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199670048.003.0008

Series: Law And Global Governance

The United States The Competition Law System and the Country’s Norms

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This chapter discusses the history, institutional structure, mandate, procedural characteristics, and agency performance of the competition law system of the United States. The US enforcement system is complex. There are two major federal enforcement agencies and fifty state enforcement agencies, plus five federal districts or territories, and enforcement through private litigation. The state attorneys general can enforce federal antitrust law as well as state antitrust law when state residents are injured. The two US federal agencies are the Department of Justice Antitrust Division and the Federal Trade Commission. The former is a division of the executive branch; the latter is an independent regulatory agency. The Antitrust Division of the Department of Justice follows the bifurcated judicial model, investigating cases and bringing enforcement actions in federal courts of general jurisdiction. The Federal Trade Commission, consisting of five commissioners, follows the integrated agency model, with power to investigate and adjudicate cases internally, subject to subsequent appellate court review.

Keywords: antitrust enforcement; antitrust law; Department of Justice Antitrust Division; Federal Trade Commission; bifurcated judicial model; integrated agency model; United States

Chapter.  29070 words. 

Subjects: Competition Law

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