Ruled by Reason
Ruled by Reason
American Antitrust Institute
Antitrust Reform from Within the Federal Antitrust Agencies: Navigating Institutional Dynamics in Implementing Policy Shifts
1 hour 1 minutes Posted Jan 3, 2023 at 1:00 pm.
In this podcast episode, AAI's former Vice President of Legal Advocacy Randy Stutz talks with Howard Law Professor Andy Gavil and George Washington Law Professor Bill Kovacic about institutional dynamics that can affect efforts to shift policy and initiate reform from within the federal antitrust agencies. The three discuss lessons from previous efforts to implement significant policy reforms in the 1970s and 1980s
the challenges of effectively exercising prosecutorial discretion in the face of limited agency resources
leveraging the FTC's recent policy statement on Section 5 Unfair Methods of Competition authority
practical considerations in revising merger guidelines that have been accepted by courts and enshrined in case law
and whether and under what circumstances agency leaders should be willing to run the risk of losing big cases
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Show notes
In this podcast episode, AAI's former Vice President of Legal Advocacy Randy Stutz talks with Howard Law Professor Andy Gavil and George Washington Law Professor Bill Kovacic about institutional dynamics that can affect efforts to shift policy and initiate reform from within the federal antitrust agencies. The three discuss lessons from previous efforts to implement significant policy reforms in the 1970s and 1980s (4:05), the challenges of effectively exercising prosecutorial discretion in the face of limited agency resources (13:35), leveraging the FTC's recent policy statement on Section 5 Unfair Methods of Competition authority (23:35), practical considerations in revising merger guidelines that have been accepted by courts and enshrined in case law (38:55), and whether and under what circumstances agency leaders should be willing to run the risk of losing big cases (52:00).