Divestiture: Doctrinal Development and Modern Application

In the last several years, policymakers have increasingly pursued legislative reforms that would expand antitrust enforcement while advocating more generally for break-up of tech companies with leading digital platforms. At least a half-dozen were introduced in Congress 2021, federal enforcers Department Justice and Federal Trade Commission taken an aggressive approach to under Biden administration. These recent events invited assessment scope limitations divestiture, as regulators consider remedy’s viability existing prospective laws. To end, this paper aims provide comprehensive account development doctrinal principles application beginning its origins equitable remedy subsequent developments response reforms. The then discusses divestiture’s primary use current regulatory landscape redress violations § 7 Clayton Act, followed by examination historically limited unilateral conduct. final substantive section, assesses ongoing debate applicability acquisitions nascent competitors. Finally, conclusion provides summary application, implications how divestiture may be applied future.