“Our [Antitrust] Federalism”: A View from the Ground

It’s been twenty years since Richard Posner levied his famous (and blistering) critique of state antitrust enforcement. Since then, state enforcers have continued to bring important cases that play to their comparative advantages: addressing matters of local concern, seeking unique remedies, keeping federal enforcers on their toes, and filling gaps. This essay briefly explores the common criticisms of state enforcement and their counterarguments before providing a view from the ground on the w