A Review of Federal Antitrust Enforcement Trial Developments

Boris Bershteyn Tara L. Reinhart Evan R. Kreiner

On December 14, Skadden hosted the webinar “A Review of Federal Antitrust Enforcement Trial Developments,” which addressed the success, or lack thereof, of federal antitrust enforcers in their 2022 trial enforcement efforts. Speakers included New York litigation partner Boris Bershteyn, Washington, D.C. antitrust/competition head Tara Reinhart and counsel Evan Kreiner. The panelists reviewed recent criminal trials and civil merger challenges and identified common themes that may have influenced the outcomes; considered management and policy issues that affect the Federal Trade Commission and Department of Justice’s litigation choices and trial strategies; and discussed how the enforcers’ recent losses, as well as political priorities like combating inflation, could influence enforcement practices.