An Examination of Multistate Antitrust Enforcement by U.S. State Attorneys General

There has been a well-documented rise in multistate antitrust enforcement by state attorneys general in the recent past, with a striking disparity in participation rates among states. However, there has not been an integrated explanation why. Therefore, this study analyzes the multiple factors that may have changed the antitrust enforcement dynamic at the state level. Overall, our findings suggest that (1) intense political considerations including voter preferences and specialinterest effects along with (2) a changing legal environment that has over time decreased the cost of undertaking multistate antitrust actions by state attorneys general have had the greatest impact. These findings help to shed light on a relatively understudied area of antitrust law and policy.

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