The following post was originally included as part of our recently published memorandum “Selected Issues for Boards of Directors in 2023”.
Last year we noted that U.S. antitrust enforcement was in a period of nearly unprecedented public attention and policy debate, and also that the Biden Administration seemed likely to launch significant new policy initiatives as the year progressed.
And so it was — 2022 saw substantial shifts in announced U.S. antitrust policy, political and legislative hubbub over antitrust law and bold public statements from the Administration’s antitrust enforcers. What 2022 did not see, however, was a matching surge in actual enforcement. Instead, by most measures, U.S. enforcement levels remained comparable to the two prior administrations, and U.S. enforcers suffered unprecedented setbacks in court. Similarly, while sweeping legislation was proposed, the only bills to actually become law were technical changes adjusting merger filing fees and venue over antitrust claims by state Attorneys General.
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For a PDF of the full memorandum, please click here.