Presidential Transition Report on the State of Antitrust Enforcement

The American Bar Association Antitrust Law Section delivered its Presidential Transition Report on the State of Antitrust Enforcement to the administration of President Joe Biden and to members of Congress.

The report outlines the Antitrust Law Section’s views on the antitrust and consumer protection landscape and potential ways to meet new challenges on the horizon.

The report explores the current state of play with antitrust and consumer protection enforcement in the United States and around the world.

The report:

• Focuses on the current state of antitrust and consumer protection enforcement under the stewardship of the agencies.

• Addresses some of the most important and challenging doctrinal questions facing agencies and courts today, such as the consumer welfare standard and the interaction between antitrust and intellectual property law.

• Reviews the state of cartel, merger and consumer protection enforcement, with an emphasis on issues that are likely to present the most significant challenges over the next four years.

• Discusses some of the antitrust issues unique to certain industries that the new administration will need to confront.

• Discusses challenges facing the Biden administration, the agencies and U.S. firms in the international arena as competition enforcement regimes proliferate and continue to evolve throughout the world.

It can be viewed here.

Partner John Villafranco led the CP effort and partner Bill MacLeod was co-chair of the project.