DOJ and FTC Should Return to Traffic Officer Role in Antitrust Enforcement.

The article argues that the Federal Trade Commission (FTC) and Department of Justice (DOJ) should shift their approach to antitrust enforcement from that of a "cop on the beat" to a "traffic officer." This change would align with the historical intent of these agencies and antitrust laws.

The author contends that the current aggressive enforcement stance, exemplified by FTC Chair Lina Khan's description of the agency as a "cop," is counterproductive. Instead, the agencies should focus on guiding businesses and Congress to promote fair practices and economic growth, as envisioned by former FTC chairs like Robert E. Freer and Huston Thompson.

The article criticizes recent antitrust actions against Visa and pharmacy benefit managers (PBMs) as examples of misguided enforcement. It argues that these cases rely on questionable evidence and may actually hinder competition and innovation.

The author concludes that adopting a "keep the traffic flowing" approach would better serve the public interest and align with the original purpose of antitrust laws. This would involve focusing on economic opportunity and only intervening when there is clear evidence of unfair trade practices or monopolistic behavior impeding growth and development.

Report by Law.com