In our last article we examined Donald Trump’s experience as an antitrust defendant. In this article, we examine the Presidential candidate at the other podium on the debate stage. Unlike Trump, Hillary Clinton has not been a defendant in an antitrust lawsuit (or several times as the case may be with Trump). Further, unlike Trump, the Democratic candidate has made numerous statements that reflect what a Hillary Clinton presidency could mean for competition and consumers.
Notably, for the first time in 28 years, the 2016 Democratic platform contains an antitrust plank, which aims to “promote competition by stopping corporate concentration.” Citing “evidence that the deck is stacked for those at the top,” the Democrats vow to enhance Department of Justice (DOJ) and Federal Trade Commission (FTC) enforcement of the antitrust and consumer protection laws and promise continued support for “President Obama’s recent Executive Order, directing all agencies to identify specific actions they can take in their areas of jurisdiction to detect anticompetitive practices—such as tying arrangements, price fixing, and exclusionary conduct—and to refer practices that appear to violate federal antitrust law to the DOJ and FTC.”
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