Year‑End Summary Of Key U.S. Antitrust Developments

Whether measured by the number of cases brought, the theories of liability pursued, or the relief sought, 2022 witnessed the most aggressive federal antitrust enforcement since the 1970s.  While the agencies have prevailed in a few cases, overall their reach has exceeded their grasp. Meanwhile federal courts continue to grapple with the standards governing private antitrust class actions. Some of the highlights—

AGENCY DEVELOPMENTS

• Assistant Attorney General Jonathan Cantor, head of the DOJ Antitrust Division, and Federal Trade Commission Chair Lina Kahn have been pursuing merger enforcement aggressively over the past year to combat what they view as increasing market concentration in the U.S. economy, especially in key industries. This has translated into a general suspicion of merger activity at the enforcement agencies and a focus on deterring potentially anticompetitive mergers. The agencies have been issuing second requests regarding transactions