Unprecedented Agency Divergence On Antitrust Enforcement

Law360 (August 6, 2019, 2:30 PM EDT) -- The recent clashes between the U.S. Department of Justice Antitrust Division and Federal Trade Commission in the latter’s case against Qualcomm Inc. is the highest profile point of divergence between the U.S. antitrust agencies in recent memory. But it is certainly not the only area of antitrust enforcement and policy in which the DOJ and FTC currently diverge.

Differences between the two agencies have developed during the administration of President Donald Trump on what constitutes an antitrust violation, which remedies are appropriate for unlawful mergers or conduct and the process for reviewing proposed transactions. These points of divergence can lead to...

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