University of Cincinnati Lindner College of Business

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On the Merits of Antitrust Liability in Regulated Industries

Author(s): Debashis Pal, David Sappington, Arup Bose

Status: Published
Year: 2016
Publication Name: Journal of Law and Economics
Volume: 59, Issue: 2, Page Number(s): 359-392


We examine the merits of subjecting an incumbent supplier of regulated services to antitrust review. We show that antitrust review can harm consumers even when the review entails no direct costs of implementation. The harm to consumers arises in part because imperfect antitrust review can crowd out more effective regulatory oversight. More generally, antitrust review can usefully complement regulatory oversight but affects the nature of the optimal regulatory policy.


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