Deepening Fault Lines: Diverging Antitrust Enforcement at the DOJ and FTC
The realm of antitrust enforcement is witnessing a resurgence in the spotlight, with the U.S. Department of Justice’s Antitrust Division and the Federal Trade Commission leading the charge. However, as these agencies wield their powers with increasing assertiveness, a fundamental question emerges: Is the existing dual-enforcement system sustainable in today’s complex landscape? Competition Fellow, Elyse Dorsey, comments on the intricacies of this issue between the overlapping division and commission. he withdrawal of jointly issued guidelines, policy statements on enforcement authorities, and new rulemaking initiatives all signal a shifting balance between the Agencies. The potential for Supreme Court action further heightens the stakes, potentially reshaping the landscape entirely.