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Antitrust Enforcement by State Attorneys General

Institutional, Legal and Political Considerations

By
  • John A. Dove

Originally published in Business and Politics

Since deregulation in 1980, there has been a major shift in antitrust enforcement to the states, specifically to state attorneys general (AGs). For advocates of deregulation, this move has had important unintended consequences.

Since deregulation in 1980, there has been a major shift in antitrust enforcement to the states, specifically to state attorneys general (AGs). For advocates of deregulation, this move has had important unintended consequences. Specifically, it has allowed antitrust litigation to become hitched to the political incentives of AGs. Analysis of a panel dataset of all state antitrust actions between 1990 and 2008 suggests that antitrust enforcement by state attorneys general appears to follow electoral cycles, which is especially pronounced depending on specific institutional constraints that exist between the states.

Find this article at De Gruyter.

 

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