Understanding how and why the U.S. competition law system is decentralized
Abstract
U.S. competition (antitrust) authority is decentralized, unlike that of most countries. Private parties, state agencies, and two federal agencies enforce competition law at both the state and federal level. Private and federal enforcement was a deliberate congressional decision, while power shared between state and federal government is natural in a federalist system. The federal government decentralization however, is more a consequence of judicial and legislative history than intent.
The purpose of this essay is to explain to international law agencies how and why the U.S. competition law system is decentralized. It will cover the nature of state, federal, and private party enforcement of competition law.
Published online: 13 July 2015
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Last update: 08/02/2022
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