Originally from Dispute Resolution Journal

The Federal Trade Commission recently has accepted a consent order^ which provides for arbitration of certain disputes arising under its provisions. This innovative use of arbitration procedures is part of a concerted effort to develop antitrust remedies which will allow enforcement agencies to be more effective in tailoring antitrust relief, so as to protect and promote competition in each particular market where violations are found.

Since Congress first passed the Sherman Act in 1890, antitrust litigation has been primarily concerned with the question of what sorts of business activities violate the law. The subsequent enactment of the Clayton Act and the Federal Trade Commission Act brought more business activities within the prohibition of the antitrust laws, and, at the same time, gave rise to more litigation aimed at drawing the line between permissible commercial activity and illegal conduct. Much of the work in antitrust law has been devoted to developing legal theories which will prevent the existing statutes from becoming obsolete in an era of dramatic economic change. By and large that effort has been successful.