Antitrust continues to be hot news, as the Biden administration appears poised to significantly enhance antitrust enforcement over the next four years. Although the headlines focus on increased antitrust scrutiny of “big tech,” the latest trends and prospective developments cut across all industries— including gaming, leisure, and hospitality. Here are five antitrust- enforcement trends and areas to watch.
1. New Agency Leadership
At the Federal Trade Commission (FTC)— which is one of the two federal agencies that enforces the antitrust laws and leads enforcement on most antitrust issues in the gaming and leisure industry—new leadership is still pending.
Under former-President Trump, there were three Republicans and two Democrats on the Commission. With the change in control of the White House, President Biden can designate the Chair of the FTC and nominate—subject to Senate confirmation— Commissioners of his own party to fill open seats and replace Commissioners with expired terms, such that up to three of the five FTC seats are held by Democrats.