THE JURISDICTION OF STATE ATTORNEYS GENERAL TO CHALLENGE BANK MERGERSUNDER THE ANTITRUST-LAWS

The authors maintain that state attorneys general do not have jurisdic tion under either federal or state antitrust laws to bring an independ ent antitrust action to challenge bank mergers that have been approved by the appropriate federal banking regulatory agency under the Bank M erger Act or the Bank Holding Company Act. They analyze the framework and legislative history of the Acts, the relevant case law, and policy considerations underlying the Acts to support their conclusion. The a uthors advise aggrieved parties to assert their right to seek administ rative review of the agency's decision in federal court.