Administrative Law, Judicial Review e nuovi sovrani nell'ordinamento statunitense. Considerazioni sui poteri conformativi della Federal Trade Commission e le politiche antitrust

Public regulation of the market is a cornerstone of US political organization. It is well known how regulation of the economy is instrumental in ensuring free competition in the market, but, at the same time, it is equally well known how it is not always seen as an opportunity for all economic agents. Indeed, it can be a hindrance to the absolutist tendencies of some market participants, especially when it adopts conformative and heteronomous acts on the bargaining autonomy of private parties. In these reflections, an attempt will be made to highlight the risks due to the enormous power that some firms in the virtual reality market have managed to assume and the relative difficulty for the regulatory authority to assert its prerogatives to protect competition before the courts. Finally, some reflections are made on the US antitrust debate and the various hypotheses for solutions to counter the concentrations of power that have occurred in certain market segments.