Borrowing from the immortal words of Paul Revere, the title consciously evokes images of a battle, though fought with words and ideas and (hopefully) not muskets and bayonets. The proper objectives of the antitrust laws and the appropriate level of antitrust enforcement has been discussed in mainstream media more over the last decade than perhaps at any point in time. Indeed, in both 2016 and 2020, the Democratic Party platform included a section on antitrust. Many non-lawyers may assume that the public discussions about antitrust are nothing more than the normal discourse attendant to political jockeying. And to some extent that may be correct. But there really is a more fundamental debate going on that hit at the heart and soul of antitrust. In fact, to a very real extent, the debate about antitrust mirrors the divide in social philosophy that underlies the political schism that exists today.
Fellow Porter Wright attorney Carrie Garrison and I will be sharing a series of blog posts in the coming weeks that will report on the paradigmatic change that may be taking place in antitrust and antitrust enforcement. Understanding the changes that may be occurring is important as the repercussions will be felt by all sectors of the economy and by all companies, big and small. But to truly appreciate where we are today and where we may be going, we must first appreciate where we have been. In an effort to provide some context, in our first post in the series, “Antitrust as antidote? Historical overview of antitrust law,” Carrie and I will briefly trace the history of the antitrust laws and their enforcement and then explain the genesis of the current movement to change the antitrust laws. We will then report on the various initiatives underway today that may shape antitrust today and for years to come.