Trinko and Credit Suisse Revisited: The Need for Effective Agency Review and Shared Antitrust Responsibility

The authors, attorneys with Spiegel & McDiarmid LLP, examine the history and application of antitrust in regulated industries and conclude that courts and agencies must play complimentary roles. They show that because of statutory limitations, inadequate factual investigation, political factors and agency foci away from antitrust, affording agencies excessive deference would result in limited antitrust enforcement over our most concentrated and important industries.