The Decline, Fall, and Renewal of U.S. Leadership in Antitrust Law and Policy

The United States has lost its world leadership in antitrust, evidenced by its narrow conception of market power and its abuse.  This essay pinpoints exactly where the U.S. has fallen behind and suggests how it can regain footing, this time not as hegemon but sharing the reins with sister jurisdictions.

By Eleanor M. Fox^[1]

I. Introduction

The United States was the pioneer in antitrust law. By and through the 1960s and most of the 1970s, it developed a law that was harsh on price-fi