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State antitrust enforcement is rapidly expanding as attorneys general build independent capacity through mini-HSR laws and dedicated divisions, creating significant merger risks that persist even after federal clearance—as evidenced by California's coalition blocking the DOJ-approved Paramount–Warner Bros. deal and costing millions daily in delay fees.
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There are more than 50 attorneys general in the United States and any one of them could impact your next deal. Each has the authority to file antitrust suits under federal law, and most states and territories have their own antitrust or consumer protection laws as well.
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The FTC sued Zillow and Redfin last year over claims their $100 million agreement violated the Sherman and Clayton Acts by eliminating Redfin as a competitor in the ILS market. The commission alleged the agreement increased costs for property managers and reduced the quality of tools used by renters to locate properties.
In the first and only outright merger challenge filed by the DOJ in the second Trump Administration, the DOJ alleged that HPE’s $14 billion Juniper acquisition would harm competition for wireless networking services.
According to data from Law.com Radar, litigants filed more than 555,000 cases to U.S. state and federal courts in Q2 2026; more than 90% of the new cases were initiated in state courts.
The increase was driven by a surge in product regulation and antitrust enforcement in the U.S. The period also saw a significant increase in sanctions enforcement in India and other product regulation in China and Brazil.
The U.S. Federal Trade Commission has finalized its long-awaited settlement with CVS Caremark, offering further clarity on how the agency aims to reshape the pharmacy benefit manager (PBM) industry.
Philip Nelson
Ranked in Competition & 1 other report
Washington, District of Columbia
David J. Teece
Ranked in Commercial Litigation & 5 other reports
Miami, Florida
Damian G Didden
Ranked in Competition
New York, New York
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