Like all new administrations, the Biden Administration entered office promising change in antitrust policy. Unlike previous administrations, however, the change this Administration promised was nothing less than the total transformation of antitrust enforcement.
In its first year, the Administration has begun that transformation by overhauling enforcement personnel, starting to make policy changes, and promising much more. But will it last? The potential overthrow of the antitrust status quo faces opposition from entrenched interests and skepticism from a judiciary trained in it. It will take time to make the new ideas stick—will the new antitrust leaders have that luxury?
In the article Steven Cernak and Luis Blanquez recently published in the April 2022 edition of the CPI Antitrust Chronicle, we explore the subtle and not-so-subtle changes in antitrust policy made by the Biden Administration in its first year and consider the likelihood that these changes are just the beginning of a drastic, permanent alteration of the antitrust landscape.