American Merger Enforcement: A Progress Report on The Biden’s Administration’s Agenda

Abstract

This Article seeks to cast a critical but balanced eye on the record of the Biden administration’s antitrust agenda. Part II offers a brief history of United States antitrust policy to couch the administration’s philosophy in its appropriate historical context. Part III examines the economic evidence, both broadly and focusing on technology – an industry of intense focus for the current administration – as a case study to answer whether radical change is really necessary or whether the landscape is too complicated and the evidence too thin to insist on sweeping reform to competition law. Finally, Part IV surveys the actions taken thus far by the Biden administration. It details the administration’s current track record in court, looks to merger enforcement statistics for guidance, and canvasses the commentary around the FTC’s proposed HSR (Hart-Scott-Rodino) Rule change and the joint FTC and Department of Justice Draft Merger Guidelines.