Is antitrust analysis different for high-tech industries?

For high-tech industries, DOJ and FTC standards are sometimes different in both mergers and non-mergers

Innovation is a key driver of competition. So, high-tech industries shouldn’t have to worry about running afoul of the antitrust laws – right? Well, it’s not that easy. Although the antitrust laws are designed to protect competition and innovation often enhances a company’s competitiveness, high-tech companies sometimes engage in conduct that stifles competition or misuses market power. The Department of Justice (DOJ) and Federal Trade Commission (FTC) vigorously enforce the antitrust laws using fact-specific analysis to balance potentially anticompetitive conduct against the procompetitive factors often present in high-tech industries.


Contributing Author

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Laura Wilkinson

Laura Wilkinson is an antitrust partner in the Washington, DC office of Weil, Gotshal & Manges with a practice focusing on mergers and acquisitions. Ms....

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