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Antitrust Overly Afraid of Enforcement, Says Former DOJ Antitrust Chief

The antitrust community has too strong a bias against enforcement, leaving unchallenged mergers and acquisitions that ought to be challenged, said former DOJ Antitrust Division Chief Bill Baer, now a Brookings Institution fellow. "We need to move that arrow back…

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to a neutral position," he said on an American Antitrust Institute podcast Monday. Some courts are showing a "worrisome" level of skepticism in government cases and implicitly demanding a higher level of proof than the statute requires, he said.