While reading a CNN.com article about the Parliamentary elections in Italy, I was struck by the report that Romano Prodi has made antitrust law a major campaign issue.  According to the report, Prodi “says one of his top priorities in office would be changing the anti-trust laws Berlusconi approved.”  (By contrast, Berlusconi’s major promise appears to be refraining from sex until the election.  Berlusconi, a media magnate, is under investigation by Italian and EU competition authorities for a possible conflict of interest in approving legislation that would subsidize Italians who purchase digital television decoders.)

When was the last time that a U.S. president made antitrust law a major issue?  It’s been a while.  Thanks to the miracle of presidential speech archives on the Internet, such questions can be answered (very casually, of course) in about 10 minutes.

A search of a University of California archive of presidential speeches from 1789-2005 produces 292 hits for the word “antitrust.”  Granted, if I was being scientific about this I would search “monopolies, trusts” etc., but this is just a back-of-the-envelope.

Most of these hits are fairly inconsequential (speeches on insignificant legislation, nominating AAGs, etc.).  The last President to invoke “antitrust” in an innaugural address was William Howard Taft (author of the Addyston Pipe decision while a judge on the Sixth Circuit and author of a book about antitrust).  Taft declared that he hoped ”to be able to submit at the first regular session of the incoming Congress, in December next, definite suggestions in respect to the needed amendments to the antitrust and the interstate commerce law and the changes required in the executive departments concerned in their enforcement.”

The last president to mention antitrust in a State of the Union address was Jimmy Carter in 1979.  He said:  “We must also fight inflation by improvements and better enforcement of our antitrust laws and by reducing government obstacles to competition in the private sector. “  I guess he didn’t see Bill Baxter coming.

Following Carter, the word “antitrust” appears to be relegated to more specialized speeches and announcements.  For example, President Clinton used the word in speeches or remarks on 46 occasions, but an illustrative instance is his 1996 remarks welcoming the World Series champion Atlanta Braves, where he remarks:  “Well, the Braves proved that last year. You had great hitting, great fielding, and great pitching. Tom Glavine and Greg Maddux have won every Cy Young Award for the past 5 years. You may have an antitrust suit on your hands, even with baseball’s exemption.  [Laughter].”

And how about George W. Bush?  How interested has he been in antitrust law?  The word has appeared in his speeches a total of 3 times, most recently in 2002 when he gave a speech on corporate responsibility in New York and said:  “From the antitrust laws of the 19th century to the S&L reforms of recent times, America has tackled financial problems when they appeared.”  Very enlightening.

So I’m glad to hear that Prodi is making something of antitrust law during a national election.  If nothing more, it gives econerds like us something to discuss at cocktail parties.

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