U.S. Antitrust Criminal Prosecutions Are Unconstitutional

Roxann Henry argues that the current criminal enforcement initiatives of the US Department of Justice Antitrust Division are taking it into territory that will likely trigger constitutional scrutiny of the criminal use of the Sherman Act. Review by the Supreme Court would likely eliminate criminal antitrust enforcement powers given the void-for-vagueness doctrine and the constitutional guarantees of due process, separation of powers and the right to a jury trial, and, even if some aspect of crim