Today’s roundtable will focus on antitrust consent decrees, and on deregulation through different approaches to consent decrees. Just as this roundtable is in the middle of our three-part series, today’s topic is central to our goals to streamline antitrust enforcement. I believe antitrust enforcers should approach using consent decrees consistent with a view of the Antitrust Division as a law enforcement agency, not a regulatory one. As Justice Robert Jackson once posited, “[w]e should not spend great sums to obtain decrees which are economically unenforceable and, when carried out in form, are often only lessons in futility.”
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