Antitrust Agency Insights: Developments At The U.S. Antitrust Enforcement Agencies — Fourth Quarter 2023

Letter From the Editors

The Biden administration's U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC or Commission) leadership have been clear about their goal to reshape antitrust enforcement in the United States. These efforts have taken a number of different forms over the last three years, including aggressive enforcement actions, new expansive policy statements (and withdrawal of prior policy statements), and revised merger guidelines. While 2024 will bring election-year uncertainty and, with it, the potential for change in the leadership at both agencies, current DOJ and FTC leadership are likely to continue to explore ways to instill lasting change in how the federal government and courts approach antitrust enforcement. Over the last three years, the antitrust agencies have been exceptionally active — but it appears, based on public statements and prior actions, they still have a lot on their "to do" list. Therefore, rather than look back at