For three-quarters of a century, the United States has attempted to bring AT&T into compliance with antitrust law. The author discusses the technical and substantive issues surrounding this recurrent struggle, and notes that AT&T seems always to emerge from these contests with an advantageous agreement. He points specifically to the 1982 decision ordering the divestiture from AT&T of the seven Regional Bell Operating Companies (RBOCs) and to the Modification of Final Judgment (MFJ) appended thereto. The author concludes with four criticisms of the MFJ, and advocates that the technical goals of the MFJ should not overshadow the more important substantive goals.
Louis B. Schwartz,
Forum and Substance: Introduction to the Symposium,
9 Hastings Comm. & Ent. L.J. 1
Available at: https://repository.uchastings.edu/hastings_comm_ent_law_journal/vol9/iss1/1