A New Doctrine for Trust-busting: The Evolving View on Antitrust Litigation

A New Doctrine for Trust-busting: The Evolving View on Antitrust Litigation

It’s been less than five months since the new administration took office, but a spate of new developments has already catalyzed conversation around the antitrust policy.

 

From legal scholar, Lina M Khan’s nomination as the Federal Trade Commission’s (FTC) commissioner and Professor Tim Wu’s appointment to the National Economic Council to the publication of "Antitrust", Senator Klobuchar’s tome on the long history of antitrust actions in the United States, and the introduction of her Antitrust Bill, efforts to challenge Big Tech’s dominance and unchecked growth have been gathering steam in recent months.

But just as Big Tech has over the years become the cynosure of Antitrust practice, lawyers have increasingly started exploring the use of AI and other technologies–in some cases, becoming early adopters–in their practice.

In this hour-long session, our panel of experts will explore the following themes:

  1. Appeals to reform antiquated antitrust laws to better capture the current dynamics of market power already enjoy bipartisan support. But precisely how will these laws be reformed, and what trends will influence them?
  2. Will the consumer welfare standard continue to be the sole litmus test for anti-competitive behavior? Will the new laws address wage-fixing and unfair non-compete agreements in the labor market?
  3. How will the increasing adoption of AI and other technologies change the legal function? How are these technologies being utilized in antitrust litigation currently?
  4. What are the ethical considerations in AI in legal practice? As M&A activity increasingly comes under the scanner, how will in-house and outside counsel utilize AI to deal with the onslaught of second requests from enforcement agencies?

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