The era of state attorneys general (State AGs) appearing to play second fiddle to federal antitrust enforcers is over. A new enforcement frontier has arrived. State AGs are now shaping the development of antitrust law—with and without federal enforcer co-plaintiffs—in new and unexpected ways. From securing favorable jury verdicts and advocating for “break ups” to state coalitions filing enforcement actions that pave the way for federal enforcement actions, State AGs are making their presence known and getting results.
This article explores why State AGs were poised for an increased antitrust enforcement role (along with some challenges), examines recent examples of State AGs shaping antitrust law, and considers the future of State AG antitrust enforcement.
