What is the role of politics in antitrust enforcement?

Politics plays an important role in antitrust enforcement, as state governments and the federal government are responsible for creating and enforcing antitrust regulations. In the state of Delaware, the Delaware Supreme Court is responsible for interpreting antitrust laws and determining whether any given transaction is in compliance with antitrust laws. The Department of Justice (DOJ) and the Federal Trade Commission (FTC) are the two federal agencies that enforce antitrust laws. These two agencies conduct investigations into potentially anti-competitive practices and can take legal action against violators. Politics also plays a role in how heavily these agencies enforce the laws. Generally, administrations come in with their own preferences and priorities, which can have an impact on what activities the agencies decide to investigate and what penalties they impose. For example, under the Obama administration, antitrust enforcement was more lenient, with only a handful of cases being brought against major companies. In contrast, the Trump administration has increased antitrust enforcement, with more cases being brought against companies involved in anti-competitive practices. In addition to politics influencing enforcement, politics also play a role in litigation. Attorneys who represent companies accused of violating antitrust laws are often able to rely on their connections with politicians and party affiliations in order to get better outcomes in court. Overall, politics plays a significant role in antitrust enforcement. It can influence which cases are brought to court as well as the outcomes of those cases. As such, it is important to understand the role politics play in antitrust enforcement in order to ensure that justice is served.

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