State Antitrust Enforcement: A Continued Focus On Competition During The New Administration

What You Need to Know

• Key takeaway #1
  Expect State Attorney General antitrust enforcement to increase in the coming four years.
• Key takeaway #2
  Both Democratic and Republican AGs will be active, separately and on a bipartisan basis.
• Key takeaway #3
  AGs likely to focus on tech, healthcare, consumer goods, labor, and ESG and DEI initiatives.

With the coming of the new presidential administration, state antitrust enforcement is poised to intensify. We expect both Republican and Democratic Attorneys General (AGs) to actively pursue antitrust investigations and litigation. They will fill in where the U.S. Department of Justice and Federal Trade Commission reduce focus but are also sure to work, including on a bipartisan basis, with their federal counterparts. Below, we explore how state AGs are likely to shape the antitrust landscape in the coming four years, and the areas where we anticipate significant enforcement activity.