Discretionary justice in antitrust

In this essay, I rely on the work of the great administrative law scholar Kenneth Culp Davis on discretionary justice to propose reforms of the obligations of the antitrust enforcement agencies to explain their overall priorities and certain key individual decisions where the agencies have thoroughly investigated a matter, but chosen not to proceed further. Finally, I respond to some of the criticisms of the movement for a more democratic antitrust regime, and conclude that most of the critiques reflect more of a preference for more laissez-faire market and legal outcomes, and indicate the need for more respect for democratic processes, rather than less.