According to the American Antitrust Institute, "Merger control in moderately concentrated sectors appears to have virtually ceased." Enforcement of Section 2 of the Sherman Antitrust Act fell from an average of 15.7 cases per year from 1970 to 1999 to less than three per year over the period of 2000 to 2014.
A 2017 study found that firms connected to politicians that oversee antitrust regulators are more likely to receive favorable merger reviews.
Today, except in extreme circumstances, such as outright monopoly, regulators and the courts are unlikely to block mergers because of an increase in market concentration.
If you do some searching on the Internet, you'll come across message boards, such as one, titled, "FTC -> Big Law Partner," where a young lawyer asks for advice on how best to manage the ins and outs of government: "I'm about to become an antitrust associate at a firm with a good antitrust practice and I would really like to lateral to the FTC eventually. If I am at my firm for 5 years and at the FTC for 5 years, how easy would it be for me to come back as an antitrust partner in big law?".
Jon Leibowitz: Leibowitz served four years as head of the FTC during the Obama administration and then went on to join Davis Polk & Wardwell.
According to reporting by journalist David Dayen, lawyers from the group have become "Chair of the FTC, general counsel of the FTC, director of the FTC's Bureau of Competition, and head of the Justice Department's Antitrust Division." Dayen also notes that former Antitrust Division chief William Baer "Had two stints at the FTC in between his tenure at Arnold & Porter. Robert Pitofsky, former chair of the FTC, also went back and forth between the agency and Arnold & Porter."
Herbert Hovenkamp, an antitrust professor, recently wrote that if we abandon the consumer welfare standard we might "Quickly drive the economy back into the Stone Age, imposing hysterical costs on everyone." Hovenkamp is enamored with mergers and has said, "The fact is that sometimes it takes a pretty big business to benefit consumers." Joshua Wright-parroting the establishment's talking points-co-wrote a paper also arguing that any moves to change the status quo will "Send antitrust jurisprudence careening back to its Stone Age.".
https://www.theamericanconservative.com/articles/why-the-regulators-went-soft-on-monopolies/
A 2017 study found that firms connected to politicians that oversee antitrust regulators are more likely to receive favorable merger reviews.
Today, except in extreme circumstances, such as outright monopoly, regulators and the courts are unlikely to block mergers because of an increase in market concentration.
If you do some searching on the Internet, you'll come across message boards, such as one, titled, "FTC -> Big Law Partner," where a young lawyer asks for advice on how best to manage the ins and outs of government: "I'm about to become an antitrust associate at a firm with a good antitrust practice and I would really like to lateral to the FTC eventually. If I am at my firm for 5 years and at the FTC for 5 years, how easy would it be for me to come back as an antitrust partner in big law?".
Jon Leibowitz: Leibowitz served four years as head of the FTC during the Obama administration and then went on to join Davis Polk & Wardwell.
According to reporting by journalist David Dayen, lawyers from the group have become "Chair of the FTC, general counsel of the FTC, director of the FTC's Bureau of Competition, and head of the Justice Department's Antitrust Division." Dayen also notes that former Antitrust Division chief William Baer "Had two stints at the FTC in between his tenure at Arnold & Porter. Robert Pitofsky, former chair of the FTC, also went back and forth between the agency and Arnold & Porter."
Herbert Hovenkamp, an antitrust professor, recently wrote that if we abandon the consumer welfare standard we might "Quickly drive the economy back into the Stone Age, imposing hysterical costs on everyone." Hovenkamp is enamored with mergers and has said, "The fact is that sometimes it takes a pretty big business to benefit consumers." Joshua Wright-parroting the establishment's talking points-co-wrote a paper also arguing that any moves to change the status quo will "Send antitrust jurisprudence careening back to its Stone Age.".
https://www.theamericanconservative.com/articles/why-the-regulators-went-soft-on-monopolies/
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