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Government Amicus Efforts Show Antitrust Policy Via Advocacy

By  |  June 1, 2020

By Stefan M. Meisner, Michelle Lowery & Anthony S. Ferrara (Antitrust Alert)

Under
the administration of President Donald Trump, the US Department of Justice’s
Antitrust Division has significantly ramped up its private litigation amicus
program.

The Antitrust Division has filed an increasing number of amicus briefs and statements of interest at the appellate and district court levels in an effort to influence the development of antitrust law. In this articles, featured in Law 360, our authors explore how analysis of this advocacy may give us the shape of antitrust policy.

The Antitrust Division has continued its active amicus efforts in 2020. This article reviews some of the key trends emanating from the positions taken by the Antitrust Division in its amicus filings and whether its program is having an impact on decisions by the courts…

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