"No matter who is installed at the DOJ, Lina Khan's selection to the chair of the FTC is a strong signal that enforcement policy under this Administration will be heavily influenced by populist ideas. It will be characterized by aggressive enforcement involving new theories of harm and attempts to use rule-making authority"

James Koukios speaks with Alex Okuliar and David Shaw about what to expect in antitrust enforcement under the Biden administration.

Topics discussed include insights on:

  • The impact of Lina Khan's appointment on FTC enforcement and policy
  • New potential theories of harm, such as the potential impact of a merger on employment
  • Cross-border investigations and coordination with foreign enforcers
  • What companies can do as the federal agencies operate under a new, more aggressive philosophy

You may also read more insights regarding Lina Khan's appointment in the latest edition of A MoFo Privacy Minute.

Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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