The past year brought profound changes to antitrust enforcement, both in the United States and around the world. In the United States, President Biden’s appointments to head the federal antitrust agencies have signaled a willingness to more aggressively enforce the antitrust laws. European regulators have also assessed the tech industry with record fines. Meanwhile, legal changes loom as Congress and the European Union debate a suite of new bills that could reshape antitrust enforcement. Here’s a recap of the major events of 2021 and issues to watch for in 2022.
Leadership Transition
Presidential Appointments. With a new presidential administration comes the opportunity to appoint new agency heads. President Biden’s appointment of Columbia Law School professor Lina Khan as Federal Trade Commission (FTC) Chair has garnered the most attention. Chair Khan gained recognition in 2017 for her student law-review note—Amazon’s Antitrust Paradox—which argued for renewed enforcement against Amazon, which helped spur a new movement of advocates for stronger antitrust enforcement. Khan, who is the youngest FTC Chair in its history, has imprinted a markedly progressive view of antitrust on the agency.
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