United States antitrust law has seen a number of significant developments in recent years—from American Needle to shifts in regulatory priorities—and 2013 promises to continue that trend. We cannot know exactly how U.S. antitrust law will or will not change in the coming year, but we can highlight some key events and cases to watch. The goal of this article is thus not to predict changes in antitrust law. Instead, we aim to identify critical questions that are on the horizon.
In the first section of this article, we identify some of the pending cases that have the greatest potential to change antitrust law in 2013. In the second, we discuss possible changes in regulatory enforcement.