May 22, 2009 / Law Alert

The Emergence of Vigorous Antitrust Enforcement

Recent developments in antitrust law and policy indicate that the government is preparing to take more action against policies that harm consumers and competition and reverse the lenient enforcement approach of the past administration. Statements by newly-appointed officials emphasizing stronger implementation of the antitrust laws, agency challenges to resale price maintenance programs that harm consumers, congressional initiatives including bills targeted towards strengthening previously relaxed antitrust standards, and state laws amended to restore stronger resale price regulations all represent the new administration's efforts to improve regulatory oversight and ramp up enforcement policies. The administration's strongest opponents in these efforts may be the courts, who continue to reject such attempts.