FEDERALIST LESSONS FOR INTERNATIONAL ANTITRUST CONVERGENCE

The most prominent and, arguably, unique feature of the American system of antitrust enforcement is the multiplicity of potential plaintiffs who are permitted to challenge allegedly unlawful conduct under federal and state antitrust law.1 Not only are there two federal agencies with overlapping antitrust enforcement authority,2 other federal agencies possess the authority to block business transactions in certain industrial sectors.3 In addition, state attorneys general and private plaintiffs are empowered to sue under federal law to obtain damages and injunctive relief. Finally, many of these same potential plaintiffs have authority to sue under state antitrust laws, which, although similar to federal law, often present the potential plaintiff with remedies beyond those obtainable under federal law.4