O'Melveny Insights 2023

2 Government enforcers reinvigorating—some would say rewriting—antitrust law. A year and a half ago, the new administration made headlines with its Executive Order on Promoting Competition in the American Economy, a blueprint for the vigorous “whole-of-government” enforcement of the antitrust laws. It was more than rhetoric. Since then, government enforcers have been promoting a new vision of competition law, one that looks beyond the welfare of consumers to the protection of individual businesses and their workers. The enforcers’ theories eschew the long-established focus on price, quality, and quantity to embrace broader goals of social justice. They are reinvigorating—some would say rewriting—antitrust law. 01

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