ARTICLE: US antitrust - Transatlantic perspective - G.W. Bush administration (2001-2005) - Antitrust Division of the DOJ - Federal Trade Commission (FTC) - Antitrust exemptions - State action - Merger control - Unilateral conducts treatment - Monopolization - Abuse of dominance- International cartel treatment - Sanctions - Merger control standards - Use of economics - Unilateral conducts treatment

Implementation of US Antitrust under the G. W. Bush Administration (2001-2005)

This paper is an assessment in a transatlantic perspective of the main evolutions of the first G.W. Bush administration (2001-2005). It is chiefly based on direct sources, papers and articles issued by the chief executives at the Antitrust Division of the US DOJ and the US FTC. At the beginning of their tenure, the FTC executives have insisted more on the continuity of their actions with regard to the previous Democrat leadership of their Agency, although in a context of reduction of the scope of antitrust exemptions (sector exemptions and state action). In their turn, the executives at the DOJ’s Antitrust Division have chosen to emphasize their differences of views with the EU Commission, rather than with their Democrat predecessors, on two areas where, by tradition, Republicans and Democrats have been split, namely merger control objectives and unilateral conducts treatment (monopolization and abuse of dominance). Over their period of tenure, Antitrust Division Execs have acknowledged positive evolutions on the part of the EC, namely in the international cartel treatment and sentencing, merger control standards and the improvement of the use of economics in EU antitrust analysis. On a remaining issue, namely unilateral conducts treatment, they still call for the same type of convergence with US Law. Ultimately the paper raises questions about the development of a policy option debate in the European Union on Competition issues.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. 1. The announcement of the resignation on 25 June 2005 of the Assistant Attorney General of the United States, Head of the Antitrust Division of the Department of Justice (DOJ), provides an opportunity to take stock of the political developments in antitrust enforcement during the first George W. Bush administration. Indeed, with each US presidential election, the heads of the DOJ Antitrust Division and the Chairman of the Federal Trade Commission (FTC) change to reflect, in principle, the change in the political colour of the US administration. A reflection on the political developments in the antitrust activity of the first Republican administration of

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François Souty, Implementation of US Antitrust under the G. W. Bush Administration (2001-2005), December 2005, Concurrences N° 4-2005, Art. N° 453, pp. 26-33.

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