Wednesday, November 5, 2008
Posted by D. Daniel Sokol
This was an electoral landslide. What the election means for antitrust remains to be seen depending on who runs DOJ and FTC. The Daily Deal suggests that the next head of DOJ Antitrust will be Bill Kolasky of Wilmer and the next FTC Chairman will be current FTC Commissioner Jon Leibowitz.
Some initial thoughts on what will be different:
1. increased challenges of mergers and monopolization cases, especially at DOJ
2. more consumer protection work at the FTC with a push to more expansive consumer rights
3. less language by US enforcers internationally about "convergence" and more on "harmonization"
4. a move away from cartels as the supreme evil of antitrust to more holistic approach that elevates unilateral conduct (if I am right, Josh Wright must be beside himself in terms of what this means under an error/cost framework)