Candidate Barack Obama pledged to reinvigorate antitrust enforcement and “look carefully at key industries to ensure that the benefits of competition are fully realized by consumers.” President Obama and his antitrust team have been open about the growing number of industries in their sights — health care, telecommunications, banking, energy, transportation, agriculture and high technology. The playbook being run by the agencies in the high-tech sector provides insight on what may lie ahead for companies in these targeted industries.
High-tech has seen a definite uptick in scrutiny from the U.S. Department of Justice and the Federal Trade Commission. Recent investigations and challenges run the gamut of antitrust — Sherman Act §1 prohibiting anti-competitive agreements, Sherman Act § 2 forbidding monopolization, §7 of the Clayton Act covering mergers and even §8 of the Clayton Act banning interlocking directorates. Four important lessons from the agencies’ foray into high-tech have emerged for other target sectors.
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