Haynes and Boone's Newsroom
Recent Trends and Developments in U.S. Antitrust Enforcement
James R. Wade
Antitrust government enforcement activity in the United States can be placed into three major categories: (1) criminal antitrust prosecutions; (2) civil merger enforcement; and (3) conduct or other non-merger related civil actions. This article will present an overview of each area, examine recent trends that have emerged in each, and discuss key recent enforcement actions undertaken by the U.S. antitrust agencies. In addition, the appendix to this article contains a guide to managing antitrust risks which is intended to serve as a practical resource for corporate attorneys or other non-antitrust practitioners involved in mergers and acquisitions or similar transactions.
Presented at the USMBA 2010 Annual Meeting and Continuing Legal Education Conference, México City, México, November 4-5, 2010. To read the full paper, click on the PDF linked below.