Document Type

Article

Disciplines

International Law

Abstract

Since the fundamental United States antitrust law was enacted in 1890 to prohibit anticompetitive agreements and monopolies, and was amended in succeeding years to deal more effectively with mergers and acquisitions, public enforcement policy has developed primarily at the federal level through the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice. Put differently, when U.S. businesses have worried whether joint ventures, acquisitions or licensing agreements would pass antitrust muster, the historical focus of such concerns has been the federal antitrust agencies, not the separate states. In this regard, the concept of a central decision-maker formulating and applying uniform national antitrust policy - particularly to mergers and acquisitions - seemed to have taken solid root in the United States and to stand as a model of enforcement philosophy for the European Community.

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