The FTC also was charged with enforcing the Sherman Act as were all regulatory agencies that regulated business. Originally only the Justice Department enforced the Sherman Act through the courts. Now here is the rub in a nutshell. Here is the essence of the political and legal dimensions of administrative law. Congress in the regulatory process has passed the political buck to the agencies to resolve group conflict through rule-making and adjudication .
Agencies make policy through rule-making and resolve specific disputes through adjudication.
Congress is the principal and the agencies its agents. Congress establishes vague guidelines for the agencies to follow but does not spell out the specifics. Therefore the agencies have discretion to choose what if any policy course will be undertaken, and what if any enforcement actions will be taken against specific parties within their regulatory sphere. Congress has given the courts, specifically the federal Courts of Appeals and only sometimes the federal District Courts, jurisdiction over agency actions. Here is what the courts review under the APA to decide the legality of agency action. .