Arlington, VA – The American Consumer Institute (ACI) has released a study that illuminates the changing dynamics of antitrust enforcement in the United States, showcasing a notable shift towards more aggressive litigation under the current administration. This analysis, covering the period from October 1999 through August 2023, provides critical insights into the effectiveness of novel legal theories and the enforcement strategies of antitrust agencies.
Read the one-page summary here.
Key Findings:
- Strategic Shift: There’s been a move from negotiated settlements to a more combative litigation stance in antitrust enforcement.
- Decrease in Settled Mergers: A significant reduction in the rate of mergers settled before reaching court.
- Increase in Litigated Complaints: A record-high rate of mergers are being challenged in court, surpassing previous administrations.
- Lower Success Rate in Court: Despite the aggressive approach, the success rate of these litigations in court has notably decreased.
- Challenging Novel Legal Theories: The study evaluates the effectiveness of new legal theories being tested in court, suggesting a reevaluation of current strategies.
- Need for Agency Reform: The findings imply a potential need for reform within antitrust agencies to better adapt to the evolving enforcement landscape.
This study offers a pivotal look at the complexities of antitrust enforcement. It underscores the need for strategic evaluation and possible reform within the FTC and DOJ to enhance the effectiveness of their legal challenges.
Read the full study here.
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