NCJ Number
65769
Date Published
1980
Length
138 pages
Annotation
A REVIEW OF ANTITRUST INVESTIGATIONS CONDUCTED BY THE JUSTICE DEPARTMENT AND THE FEDERAL TRADE COMMISSION (FTC) SHOWED THAT EFFICIENCY COULD BE IMPROVED THROUGH CLOSER CONTROLS AND BETTER RECORDS.
Abstract
AS REQUESTED BY THE SENATE SELECT COMMITTEE ON SMALL BUSINESS, THE GENERAL ACCOUNTING OFFICE (GAO) REVIEWED 152 CASES FROM THE ANTITRUST DIVISION OF THE JUSTICE DEPARTMENT AND 142 CASES CONDUCTED BY THE FTC BETWEEN FISCAL 1975 AND 1978. ATTORNEYS, ADMINISTRATORS, AND ECONOMISTS WERE INTERVIEWED, AND RELEVANT LEGISLATION WAS EXAMINED. ALTHOUGH BOTH AGENCIES ESTABLISHED BROAD OBJECTIVES, THEY DID NOT KEEP RECORDS OF THE TIME SPENT BY STAFF IN PURSUING PARTICULAR TYPES OF VIOLATIONS. WHILE THE ANTITRUST DIVISION BUDGETED GREATER EXPENDITURES FOR ITS PROGRAM TO REDUCE OLIGOPOLY AND MONOPOLY, ATTORNEYS ACTUALLY SPENT MORE TIME ON CONSPIRATORIAL CONDUCT INVESTIGATIONS. MOST INVESTIGATIONS WERE MONITORED ON AN INFORMAL BASIS, RELYING ON ORAL COMMUNICATION INSTEAD OF WRITTEN REPORTS. GUIDELINES ON SCOPE AND TIME LIMITS WERE NOT PROVIDED. ASSISTANCE FROM ECONOMISTS OFTEN WAS NOT REQUESTED IN TIME TO FACILITATE ENFORCEMENT EFFORTS. THE GAO REPORT RECOMMENDED THAT THE ANTITRUST DIVISION COLLECT INFORMATION ON THE RESOURCES USED IN ITS INVESTIGATIONS AND EVALUATE ENFORCEMENT EFFORTS TO PROMOTE COMPETITION. MANAGEMENT CONTROL OVER THE INVESTIGATIVE PROCESS SHOULD BE STRENGTHENED AND GUIDELINES DEVELOPED ON THE USE OF OTHER PROFESSIONALS. THE FTC SHOULD ACCUMULATE DATA ON RESOURCES AND IDENTIFY TYPES OF INVESTIGATIONS WHICH NEED ASSISTANCE FROM ECONOMISTS. BOTH AGENCIES SHOULD COORDINATE EVALUATION PLANS AND INVESTIGATION STRATEGIES TO AVOID DUPLICATION AND SHARE INFORMATION. THE APPENDIXES CONTAIN A SUMMARY OF ANTITRUST LEGISLATION, AN ANALYSIS OF ANTITRUST ENFORCEMENT EFFORTS, METHODS USED TO CLASSIFY MATTERS BY INDUSTRY STRUCTURE, AND CORRESPONDENCE BETWEEN GAO, THE SELECT COMMITTEE ON SMALL BUSINESS, THE JUSTICE DEPARTMENT, AND THE FTC. (MJM)