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L-R Carl Hittinger and Tyson Herrold, Baker Hostetler.

Last month we discussed the role of the presidency in formulating ­antitrust policy, pointing out the fallacy of the view that the Antitrust Division of the Department of Justice has historically been (or should be) completely independent of the White House. We posited that history shows that the Antitrust Division’s ­enforcement decisions have been (and should be) a product of informed presidential policy and that past presidents have ­attempted to apply the Sherman Act in a way that balances the panoply of ­challenges, both foreign and domestic, that every president elected by the people ­invariably faces.

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