Antitrust Chronicle® – Ex Post Review

Dear Readers,

Antitrust employs both ex post and ex ante forms of review to regulate the economy. Though it may seem obvious, it bears emphasis that “ex post” translates to “after the fact,” entailing retrospective analyses of business operations. The ex post approach assesses violations after their occurrence, imposing penalties as deterrents for illicit practices. Traditionally, ex post review has been used to control market conduct that has not been “notified” to a regulator, wher