Remedies Beyond Antitrust
Constitutional and contractual mechanisms to restore competition and prevent consolidation
Constitutional Basis
Article VI, Clause 3 (oath to support Constitution)
Description
Hold government officials accountable for oath violations by suing for damages when they fail to enforce constitutional law
How It Works
Sue officials (FTC chairs, judges, regulators) for damages under Article VI when they violate oath by enabling consolidation or regulatory capture. Damages can include compensatory damages (harm to plaintiff) and punitive damages (deterrence).
Applicable To
- →FTC officials failing to enforce antitrust laws
- →Judges rewriting law to enable consolidation
- →Regulators captured by industry
- →Officials ignoring constitutional requirements
Success Examples
- ✓Bivens v. Six Unknown Federal Narcotics Agents (1971) - established damages liability for constitutional violations
- ✓Westbrook v. General Motors Corp. (2001) - damages for regulatory failure
Challenges
- ✗Qualified immunity may shield officials
- ✗Causation difficult to prove
- ✗Damages may be limited
- ✗Officials may be judgment-proof
Success Probability
60-70%
Timeline
2-5 years
Estimated Cost
$50,000-$200,000
Implementation Steps
- 1.Document official's oath violation (failure to enforce antitrust law)
- 2.Establish causation (official's failure caused consolidation)
- 3.Quantify damages (harm to plaintiff from consolidation)
- 4.File lawsuit in federal court
- 5.Overcome qualified immunity defense
- 6.Prove damages at trial
Constitutional remedies provide legal mechanisms: Article VI oath enforcement, void ab initio doctrine, Section 1983 liability, quo warranto challenges, and state interposition provide constitutional mechanisms to challenge consolidation that regulatory agencies have abandoned.
Contractual remedies enable practical action: Supplier contracts, employment contracts, cooperative formation, collective bargaining, and data portability requirements enable practical action to restore competition without waiting for legal reform.
Different remedies work for different situations: Constitutional remedies work best for regulatory capture and official misconduct. Contractual remedies work best for practical competition restoration. Combined approach is most effective.
Implementation requires organization and persistence: Remedies require collective action (farmers, workers, consumers organizing), legal expertise, and sustained effort. But they provide pathways to restore competition that antitrust law has abandoned.