What’s Going On With Antitrust Enforcement
October 13, 2009
So, I am sure you all have subscriptions to Global Competition Review (sitting right up there next to Entertainment Weekly, Us Weekly and Time, no doubt.) I don’t have a subscription either, but I recently co-authored an article reviewing recent trends in antitrust enforcement, and making some predictions in the future. I attach a link here for your reading pleasure.
The short version is that the agencies (DOJ and FTC) are gearing up for increased enforcement of the Sherman Act Section 2 (monopolies) and the FTC Act Section 5 (sort of a catch-all). However, the rate of filing of private actions has diminished over the past year or so–we don’t know yet how the increased government intervention will play out, but the financial incentives are certainly there for non-dominant firms to “ride-along” with the government. Our theory is that loss of access to capital credit markets has made companies risk- (and litigation-) adverse.
As required by my publisher, this is an extract from the 2010 Antitrust Review of the Americas- a www.GlobalCompetitionReview.com special report.
Tom, for whatever reason, this link did not work for me. Dianne
Got it to work.