The telecom, generic drug, and airline industries are on the Department of Justice's radar screen for possible antitrust action. The department has claimed that "inadequate antitrust oversight" contributed to the economic crisis, a charge refuted by George L. Priest, a member of AEI's Council of Academic Advisers. "Why prosecute firms whose products large majorities of consumers have found most valuable?" he asked. "In a dynamic economy we should expect the development of novel business practices as firms attempt to attract consumers in order to maximize product sales."

• Alan D. Viard and Amy Roden in a Tax Policy Outlook on big business praised current antitrust law: "If any aspect of the law might be expected to reflect prejudice against large firms, it would be antitrust law. Ironically, however, antitrust law has largely thrown off its initial bias against bigness."