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Whither “Neo-Brandeisian” Antitrust Enforcement: A Candid Conversation with Jonathan Kanter

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Is Section 2 of the Sherman Act a Crime?

Congress made an opalization of crime. Congress has reaffirmed that multiple times, including making it a felony. If the facts and the law support prosecution of Section 2 is a crime, then we'll bring cases. And so, you know, why others may have made a different decision, I'll defer to others to explain that.

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