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From Backroom Deals to Public Scrutiny: The Tunney Act’s Past, Present, and Future

BY and | August 27, 2026

This article traces the past, present, and possible future of the Tunney Act, from the backroom settlements of the 1950s and the Nixon-era ITT Affair that prompted its enactment, through...

This article traces the past, present, and possible future of the Tunney Act, from the backroom settlements of the 1950s and the Nixon-era ITT Affair that prompted its enactment, through IBM, AT&T, Microsoft, and the 2004 amendments, to the two matters now testing the Act’s limits: the HPE-Juniper consent decree and the DOJ’s mid-trial settlement with Live Nation and Ticketmaster. The authors show how history repeats itself — allegations of political influence over antitrust se

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