State Criminal Antitrust Enforcement

Abstract

This chapter recounts the history and modern status of state antitrust enforcement. Initially, it describes the three major waves of state statutory enactments, one before 1900, one during the 1930's and the final in the 1970's, and culminates with an analysis of recent legislative developments. A total of 47 states and the District of Columbia have adopted various criminal penalties. The chapter reviews actual patterns of criminal antitrust litigation by State Attorneys General, assesses their effectiveness and analyzes likely future patterns of enforcement activity.