Antitrust litigation, in the form of both public and private enforcement, looks to be entering a period of serious upheaval.
Both the U.S. and the European Union have begun a fundamental policy debate about the purpose of their antitrust laws, their appropriate scope, and who should be allowed to enforce them. As this debate simmers among U.S. antitrust stakeholders, for the first time since the 1970s, the practice may be in for a tectonic shift.
The four developments with the most potential to impact antitrust and trade litigation in 2021 are:
- the introduction of possible new tools for enforcers,
- the ...