Jul 28, 2013
The group of articles that make up our Spring 2013 issue take a candid approach to some of the complex problems that antitrust practitioners and scholars have faced and still face today. They consider antitrust’s relationship with regulation and the relative risks of capture between these two public policies; the usefulness of guidance documents for antitrust authorities, particularly when faced with relatively complex conducts to assess harm—namely, vertical restraints; and experiences with price screens in Mexico and the use of economic evidence in private antitrust cases in China.
Our colloquium on antitrust regulation presents two articles that look at the difficult interplay between antitrust and sectoral agencies’ concurring mandates. In his article Baker discusses how concurrent jurisdiction may help protect competition using as an example the US communication industry. He suggests that capture is a threat when the regulated industry can manage information and consequently shape an agency’s point of view. Nevertheless, when looking at the FCC, Baker notes that it has been better positioned to deal with fast-moving markets than an antitrust agency would have been, taking “a more expansive view of potential and future competition.”
Stallings discusses some of the recent enforcement actions in the electricity sector, a highly regulated sector, where government has played an important role in enforcing competition policy. The recent “New York C…