President Biden made vigorous antitrust enforcement a key pillar of his agenda during his first year in office, setting the tone himself in July with a wide-ranging executive order that tasked more than a dozen federal agencies with policing alleged anticompetitive conduct across the economy.  As expected, new leadership at the DOJ and FTC has been more than willing to heed the president’s call, and both Jonathan Kanter & Lina Khan have pledged to aggressively enforce the antitrust laws, including in areas that have been not been a focus of antitrust enforcers for at least several decades.  No one can doubt the administration’s ambition to reshape antitrust enforcement practices, and perhaps the antitrust laws themselves, but the DOJ and FTC face meaningful hurdles to doing so, including Khan’s & Kanter’s long and growing list of public promises that could really test the already taxed resources at both agencies. 

By Karen Hoffman Lent & Michael Sheerin[1]

 

President Biden made antitrust enforcement a central focus of his first year in office to an extent and in ways that are unprecedented in modern U.S. history. While recent presidents typically have left antitrust enforcement policy to their appointees at the Antitrust Division of the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”), Biden played a central role in setting forth his administration’s antitrust agenda. From his sweeping ex

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