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Likely antitrust enforcement during President Obama’s second term

09 November 2012

Antitrust, Competition and Economic Regulation Alert

During the 2008 presidential campaign, Barack Obama pledged to “reinvigorate antitrust enforcement” and “step up review of merger activity” because the federal antitrust agencies – the Antitrust Division of the Department of Justice (Antitrust Division) and the Federal Trade Commission (FTC) – had not been aggressive during President George W. Bush’s two terms, particularly regarding merger enforcement and single-firm conduct. In addition, there had been relatively little litigation by the Antitrust Division. That changed following President Obama’s election in 2008. The agencies were more active on both mergers and monopolization, the Antitrust Division litigated several cases and continued the Bush administration’s strong enforcement against cartels, and there also was extensive cooperation between the U.S. agencies and their international counterparts and international organizations such as the ICN and OECD. These trends are likely to continue during President Obama’s second term.

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The team

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