Antitrust, Transformation, and Enduring Policy Change

The transformationalists have changed the policy debate and achieved power by circumventing a seemingly well-established orthodoxy and formidable institutions that entrenched the orthodoxy.11 They have inspired scholars to produce a large, new body of commentary that supports the transformation caus...

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Bibliographic Details
Published in:The Journal of corporation law 2024-01, Vol.49 (2), p.321-345
Main Author: Kovacic, William E
Format: Article
Language:English
Subjects:
Antitrust
Biden, Joseph R Jr
Competition policy
Enforcement
Leadership
Litigation
Success
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Summary:The transformationalists have changed the policy debate and achieved power by circumventing a seemingly well-established orthodoxy and formidable institutions that entrenched the orthodoxy.11 They have inspired scholars to produce a large, new body of commentary that supports the transformation cause.12 These are extraordinary accomplishments regardless of whether President Biden and his appointees realize their vision of transformative policy change. From April 2014 through March 2022,1 was a Non-Executive Director on the board of the United Kingdom's Competition and Markets Authority (CMA). An essential foundation for desired doctrinal adjustment is to appoint judges who share the administration's policy preferences.27 The litigation activity of the antitrust enforcement agencies,28 in prosecuting their own cases and appearing in an amicus capacity in private lawsuits, are further instruments for catalyzing doctrinal change.29 Agencies also can foster lasting policy adjustments by issuing guidelines that support the adoption by courts of specific policy approaches.30 An agency also can perform research and issue studies that courts rely upon when interpreting the law.31 Agency Appointments. Presidents can place a lasting mark on public policy through their appointment of public agency leadership.32 In competition law, agency leaders play central roles in formulating the agency's substantive program.33 A similarly significant contribution of appointees is to imbue their institutions with a culture that supports the attainment of the administration's policy aims-for example, by encouraging the acceptance of norms that encourage greater risk taking in the selection and prosecution of cases or the promulgation of rules.34 Guidance.
ISSN:0360-795X