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ARTICLE · 27 JANUARY 2021

Biden/Harris Expected To Double Down On Antitrust Enforcement: No "Trump Card" In The Deck

Conventional wisdom on antitrust enforcement is that Democrats are more interventionist than Republicans, which, at face value, suggests that there will be an uptick in enforcement under President Biden.

United StatesAntitrust/Competition Law

1. Conventional wisdom on antitrust enforcement is that Democrats are more interventionist than Republicans, which, at face value, suggests that there will be an uptick in enforcement under President Biden. But convention alone does not tell the whole story as a number of dynamics will influence antitrust policy during the Biden administration.

2. Antitrust policy under the Trump administration was anything but conventional, as Trump maintained a much more populist agenda than previous Republican administrations and was far more politically charged than any administration in recent memory. Due to Trump's hyped-up rhetoric on antitrust relative to other Republican administrations, the "gap" between Trump and Biden may not be as pronounced as other transitions from one party to another, though we should expect more predictable enforcement, less influenced by political pressures, at least on individual matters.

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