In the wake of this uncertainty, this Note analyzes the proper scope of judicial review of consent decrees. The Note argues that to further the policies embodied in the APP A, courts should undertake intense review of proposed settlements before entering them as final judgments. Both the congressional intent in enacting the APP A and the public's interest in effective enforcement of the antitrust laws support intense judicial review. The Note then demonstrates that the deferential standard that some courts have applied is derived mainly from a case that is inapplicable to the review of consent decrees. Finally, the Note argues that intense review will not entail any significant disadvantages.
Michigan Law Review,
The Scope of Judicial Review of Consent Decrees Under the Antitrust Procedures and Penalties Act of 1974,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol82/iss1/6