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Tightening Antitrust Enforcement Could Be Boon for E-Discovery
U.S. antitrust enforcement is tightening, and e-discovery practitioners and vendors that have positioned themselves in the M&A market are expecting an uptick in work. But the influx of time-consuming and complex M&A discovery may drain resources for other corporate e-discovery matters.
To be sure, it's not just President Joe Biden's picks to lead antitrust enforcement in the U.S. Department of Justice or Federal Trade Commission that has heightened the e-discovery community's work expectations. Stiffer and more complex antitrust enforcement is also signaled by Biden's July 9 executive order on promoting competition, said Joey Seeber, CEO of alternative legal service provider (ALSP) Level Legal.
"There's going to be a lot more scrutiny not just on the monopoly power or the lack of competition but the data and the privacy of data," Seeber said. "[In] the executive order a couple of weeks ago the Biden administration linked privacy to competition. It's a backdoor way to regulate privacy because they have not been successful in federal legislation. That will make [the work] very complex."
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