Types of Industries More Prone to Antitrust Problems

The industries that are more prone to be confronted by antitrust problems tend to be those with the highest-profile our most important industries. Industries with dominant players and industries with a tendency to cartel activities also attract antitrust attention. Healthcare and telecommunications generally are prone to antitrust problems arising from the complex markets within which they operate and the myriad of arrangements and players that are in place. The pharmaceuticals industry and all of its facets is an important subset of healthcare for antitrust purposes. Any industry with high-cost or high-risk patented products will draw antitrust attention. Information technology is an industry faced with important antitrust problems. Finally, energy more generally and the newly deregulated industries tend to be more prone to antitrust problems.

The markets in most of these industries tend to be very large and antitrust misbehavior is quite costly to the economy. Some of these industries are highly innovative but are tending toward consolidation because size and scope bring so many synergistic advantages. These consolidations tend to be subject to more comprehensive antitrust review among the enforcement agencies.