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Howard Marvel, Jul 13, 2009
It is to be expected that the new administration will move in the direction of more aggressive antitrust enforcement. I’ll be happy if the new policy emerges from a process that engages the arguments of the Section 2 Report. But given the current environment, I will not be surprised if we see competitive concerns share the stage with a wide range of other goals and motivations. The Section 2 Report envisions predictable, principled, and coherent enforcement. That’s a noble, if tough to achieve vision, but it is one that has little chance of materializing if antitrust embraces a whole set of conflicting concerns. The article is an adaption of a posting originally presented in a Section 2 Symposium on the blog site, Truth on the Market, available online at TruthOnTheMarket.