ANALYSIS: Deregulatory Zeal May Bring Antitrust Risk to Finance

April 11, 2025, 9:00 AM UTC

Dismantling the regulatory state will have ripple effects that policymakers likely haven’t considered yet. One of them is quite possibly a new era of antitrust liability in industries that haven’t had to worry much about that before.

In the past, when enforcing the antitrust laws has conflicted with a comprehensive regulatory scheme, federal courts have recognized that such a scheme can supplant the Sherman Act. The courts call this an “implied repeal” of the antitrust laws, and it’s an ad hoc defense to lawsuits claiming that conduct in a particular regulated industry is illegally anticompetitive.

The bases ...

Learn more about Bloomberg Law or Log In to keep reading:

Learn About Bloomberg Law

AI-powered legal analytics, workflow tools and premium legal & business news.

Already a subscriber?

Log in to keep reading or access research tools.