Public Enforcement
There are two federal authorities who have different power to prosecute antitrust behavior
Antitrust Division of the Department of Justice (DOJ)
Can press both civil and criminal charges
Federal Trade Commission (FTC)
Cannot press criminal charges; however, they can implement the Clayton Act and assess the legality of mergers
Formal procedures ensure the two offices coordinate effectively
DOJ Antitrust Division
- The DOJ aims to deter potential offenders, rather than punish defenders
- Punishments are often harsh
- Criminal sanctions have become less common relative to civil sanctions
- Results are mixed
- The number of DOJ antitrust cases remains relatively constant
- But a high DOJ success rate may deter future monopoly behavior
