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ANOTHER VIEW ON STATE ANTITRUST ENFORCEMENT—A REPLY TO JUDGE POSNER

Carole R. Doris

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Abstract

In an article in 68 Law Journal 925 (2001) titled Antitrust in the New Economy, Judge Richard Posner of the Seventh Circuit Court of Appeals criticized the quality of work coming from state attorneys general offices, proposed that states be precluded from bringing parens patriae cases under the federal antitrust laws, and suggested that federal legislation be enacted which would have federal law preempt state antitrust laws. He asserted that the states lack resources to do anything more than ride on the federal agencies' s coattails.

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What this paper is about

In an article in 68 Law Journal 925 (2001) titled Antitrust in the New Economy, Judge Richard Posner of the Seventh Circuit Court of Appeals criticized the quality of work coming from state attorneys general offices, proposed that states be precluded from bringing parens patriae cases under the federal antitrust laws, and suggested that federal legislation be enacted which would have federal law preempt state antitrust laws. He asserted that the states lack resources to do anything more than ride on the federal agencies' s coattails.

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Available abstract

In an article in 68 Law Journal 925 (2001) titled Antitrust in the New Economy, Judge Richard Posner of the Seventh Circuit Court of Appeals criticized the quality of work coming from state attorneys general offices, proposed that states be precluded from bringing parens patriae cases under the federal antitrust laws, and suggested that federal legislation be enacted which would have federal law preempt state antitrust laws. He asserted that the states lack resources to do anything more than ride on the federal agencies' s coattails.

Key concepts: Legislation, Law, State (computer science), Enforcement, Political science, Federal law, Consent decree, Work (physics)

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