Gen-Next Antitrust: Reviewing Daniel Crane, The Institutional Structure of Antitrust Enforcement

Abstract

Dan Crane’s The Institutional Structure of Antitrust Enforcement (2011), the subject of this review, threatened completely to change my understanding of antitrust law and policy. Crane’s 12-chapter discussion of antitrust enforcement, with primary emphasis on the US, but turning in the last three chapters to a comparative and international perspective, would serve well for a seminar class: the class could cover one chapter per week for the semester, leaving the remaining week or two for student paper presentations. This book is endlessly fascinating, educational, and for those in the academic and policy realms, even useful. Crane is leading the charge toward a new theory of antitrust that may permit or require the revisiting of substantive legal rules in light of new understandings of their application in the real world of enforcement.