State Attorney General Antitrust Enforcement: Trends and Insights

By Milton A. Marquis, Ann-Marie Luciano & Keturah S. Taylor

State attorneys general continue to play a growing role in wielding their antitrust authority on a national scale through multistate action and co-enforcement activity with their federal counterparts. Whether acting alone, as a multistate coalition, partnering with federal antitrust enforcers, or intentionally diverting from federal enforcement strategies, state attorneys general have a significant impact on local and national antitrust enforcement. Going forward, state attorneys general are expected to continue to use multistate action and federal co-enforcement to pursue new players and target emerging industries, particularly those in the “Big Data” space.