Article:
Sanford M. Litvack, Government Antitrust Policy: Theory
Versus Practice and the Role of the Antitrust Division, 60
Texas L. Rev. 649 (1982).
Abstract:
In this brief article, the author, a former head of the
Antitrust Division of the Department of Justice during the
Carter administration, critiques that division’s approach to
enforcement of antitrust laws during the early years of the
Reagan administration. The author argues first that the
implementation of a purely economic approach as the policy of
the Department of Justice undermines the practical, day-to-day
operation of the Division as a law enforcement agency. He
further argues that limiting the purpose of antitrust
enforcement to the promotion of efficiency is inconsistent with
the multiple purposes of the laws being enforced. Finally, the
author argues that exclusive focus on limiting the application
of antitrust laws is unwarranted.