Here’s a topic that came up in a faculty workshop the other day. What does state antitrust law do? The federal antitrust statutes do not preempt state law. Large mergers are scrutinized by state AGs for compliance with their state statutes. Yet the state statutes are all virtually identical to the federal ones, and it appears that states in this area do nothing more than seek to extract rent as the price of not seeking to block or delay a corporate transaction.
Could state law being doing more in this respect? Should one state amend its statute as an experiment? If so, then how? Or should Congress conclude that state antitrust law is a fiction and actually preempt those statutes? Thoughts?