State Attorneys General’s Enforcement Predicted to Increase

While the antitrust policy priorities of the new Administration continue to be developed, one possible result of the election may be increased activity by state attorneys general (AGs). Antitrust enforcement is a shared enterprise. The Department of Justice and the Federal Trade Commission have joint jurisdiction as federal enforcers. But federal antitrust laws also empower both state enforcers and private litigants. Likewise, state antitrust and consumer protection statutes provide a second level of legal authority to punish and prohibit anticompetitive conduct—and are often enforced uniquely by state enforcers.

One historical reaction to a reduction in federal antitrust enforcement has been an increase in state investigations (and private lawsuits). With the current slate of litigation against tech companies, alleging unilateral conduct theories, and the incoming Administration’s perceived skepticism of tech monopolies, the most likely possible change may be coming in merger enforcement. The outgoing Administration was known for its attempts to aggressively change merger policy and law and its mixed record of litigating cases. Wall Street appears to anticipate reduced enforcement and increasing deal flow.

Will state AGs step in, and would such action pressure federal enforcers? It is not unheard of for state AGs to independently pursue merger litigation—as illustrated by the Sprint/T-Mobile litigation during Trump I.

Practice Guidance tracks key state AG offices and is increasing our coverage of significant state antitrust laws, helping you stay on top of state AGs reactions to the new Administration and new directions.

To keep up to date with the latest developments at the state AG level, follow the California Attorney General Antitrust Tracker, New York Attorney General Antitrust Tracker, and Texas Attorney General Antitrust Tracker. For federal developments, see DOJ/FTC Antitrust Agency Developments Tracker, DOJ Antitrust Case Tracker (Civil Nonmerger), and FTC Antitrust Case Tracker (Civil Nonmerger).

Read now »

Related Content

• The Donnelly Act: New York's Antitrust Statute
  Get up to speed on New York State’s antitrust statute, the Donnelly Act, and how it can be enforced.

• Trump Taps Ferguson as FTC Chief, Kressin Atty to GOP Seat
  Read about the recently announced changes to the make-up of the Federal Trade Commission, signaling a change in the balance of power at the FTC.

• Trump DOJ Antitrust Pick Means 'Google Should Be Nervous'
  Learn about expert reaction to the announcement that Abagail Slater, a former FTC staffer and Trump administration economic adviser, is the nominee to head the Antitrust Division.

• $24.6B Kroger-Albertsons Merger Blocked by 2 Judges
  Review the FTC’s win in its challenge to the mega-merger of two supermarket chains.

Practical Guidance Updates
Featuring the latest updates from your Practical Guidance account.

• New! Discover Practical Guidance Content and Resources
  Review this informative guide featuring some of the recent content additions to Practical Guidance, designed to help you find the tools and insights you need to work more efficiently and effectively.
• Document alerts allow you to stay current on legal developments that affect your practice. Find out how to set up your document alerts.

PRACTICAL GUIDANCE CUSTOMER EMAIL EDITION ON THE WEB

Experience results today with practical guidance, legal research, and data-driven insights—all in one place.

Experience Lexis+