Antitrust Enforcement by Local Prosecutors : Impediments and Prospects

Many antitrust violations occur at the local level, there are state laws prohibiting unfair competitive practices, and local prosecuting attorneys are empowered to enforce those laws. Why, then, are not more antitrust cases filed at the local level? This Article will attempt to answer that question by presenting an analysis of the major impediments to local antitrust prosecution. The discussion will focus primarily upon the most frequently raised objections to local enforcement and arguments will be presented to counter those objections. Finally, solutions to some of the practical problems encountered will be proposed. The arguments which the Article presents were formulated as a result of the author's personal experience in handling antitrust cases in San Diego County, California, and it is intended that this analysis of local antitrust prosecution will serve as an aid to both California district attorneys and local prosecutors in other jurisdictions as well. It is the author's position that in certain cases antitrust violations can and should be prosecuted by local officials