The State of Private Antitrust Enforcement – Confronting Waning Federal Enforcement and Rising Standards

With federal enforcement of the antitrust laws decreasing, state and private enforcers face increasing pressure to fill the gap. But, private antitrust enforcement faces its own considerable and growing challenges – from arbitration provisions, to heightened class certification standards, to court decisions upending well-accepted antitrust doctrine. But, ever resilient, creative, and hopeful, private antitrust enforcers are rising to the challenge and adapting to thrive in the face of adversity. Laura Alexander, AAI Vice President of Policy, talks with Josh Davis and Dan Gustafson, two of the leaders in private antitrust enforcement and scholarship, about the long-term trends and latest developments in private antitrust enforcement, and why they remain optimistic despite it all.


Laura Alexander, Vice President of Policy, American Antitrust Institute

Joshua P. Davis, Professor, Director of the Center for Law and Ethics, and Dean’s Scholar University of San Francisco School of Law Division

Dan E. Gustafson, Founding Member/Governor, Gustafson Gluek PLLC



This podcast is part of a three-part series that unpacks the state of federal antitrust enforcement in view of growing concerns over declining competition and associated developments in state and private enforcement. The podcast series follows AAI’s recently released report “The State of Antitrust Enforcement and Competition Policy in the U.S” and is the alternative platform for AAI’s 2020 Annual Conference.



CLE credit is available. Visit the 21st Annual Policy Conference page for to apply for CLE credit.



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The State of Antitrust Enforcement and Competition Policy in the U.S.

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