The United States Senate recently passed legislation that would substantially expand the powers of prosecutors at the Department of Justice’s Antitrust Division.  S. 443, the “Antitrust Criminal Investigative Improvements Act of 2005,” would for the first time authorize the use of wiretaps in criminal antitrust investigations.  If enacted, S.443 would likely expand the scope of criminal antitrust liability for individuals and businesses.  Because there is no constitutional or policy justification for this expansion, S. 443 should not be passed.  The danger to individual liberty far outweighs the alleged benefits proffered by the bill’s sponsors.

Read the full paper at this link.