It is the principal thesis of this article that important recent case decisions in U.S. antitrust law reflect just this conflict over the extent to which intraindustry (horizontal) concentration is economically harmful. We are at a point where the future direction of the law is difficult to discern. Until there is greater U.S. policy agreement, and consistency within U.S. law itself, it is unlikely that any common transnational response will emerge to even horizontal corporate concentration. Ironically, it may not be possible to clarify U.S. antitrust law as long as the underlying policy conflict remains so sharp. For the present, there is an impasse in the United States regarding the question of corporate concentration.
Douglas E. Rosenthal, Stuart E. Benson & Lisa Chiles,
Doctrines and Problems Relating to U.S. Control of Transnational Corporate Concentration,
Mich. J. Int'l L.
Available at: https://repository.law.umich.edu/mjil/vol2/iss1/2