Report | How 10 Federal Agencies Beyond DOJ and FTC Can Lead on Stopping Monopolies
The Open Markets Institute released a report serving as a manual for 10 administrative agencies on how to use the full extent of their statutory powers to prevent exclusionary, predatory, and unfair conduct in the marketplace — and create a more fair and equitable economy for all.
In the face of congressional inaction continuing to impede comprehensive and long-lasting legislative solutions, this report aims to equip agencies beyond the Department of Justice and Federal Trade Commission with clear guidance on their underutilized, but expansive, antimonopoly and fair competition powers. The regulatory scope of these agencies makes them essential facets of a robust antimonopoly agenda.
The agencies include the:
Federal Communications Commission
Agriculture Department
Surface Transportation Board
Federal Energy Regulatory Commission
Committee on Foreign Investment in the United States
Defense Department
Transportation Department
Federal Reserve
Office of the Comptroller of the Currency
Federal Deposit Insurance Corporation
On top of policy recommendations, the report offers a philosophy of enforcement, paths for effective litigation, an overview of each agency and their relevant authorities, and advice for specific actions.
The author of the report, Daniel Hanley, a senior legal analyst at Open Markets Institute, said:
“The movement to advance fair competition and stop monopolies needs to branch out beyond just focusing on the antimonopoly powers of the DOJ and FTC — so many of our federal agencies have vast, powerful, and underutilized antitrust enforcement mechanisms.
“Collectively, these agencies can use their policy levers to propel forward the effort to enact a progressive and vigorous antimonopoly agenda and ensure a fair economy for workers, small businesses, and the public.
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Download the report here or read the full report below.
