The Role of Courts in Antitrust Law

摘要

The essay discusses the role of courts in antitrust law and evaluates the strengths and weaknesses of formal court adjudiction in antitrust cases as a major instrument for setting antitrust policy. The report concludes that by and large the difficulties encountered by courts flow from the want of concrete and sure economic and social doctrine, in the absence of which no other institutional actor such as an expert administrative agency is equipped to perform any better than do the generalist courts.