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Article

Abstract

Where do top US government antitrust lawyers come from – and go to? The so-called “revolving door” has long been a familiar part of the process. In recent years and especially during the Biden Administration, this custom has attracted increased attention and concern. What are the facts? This chapter sets out, in detailed tables, the background and subsequent employment of top government antitrust lawyers. Many enforcers came from major law firms (FTC commissioners much less frequently than others) and leave for major law firms. (Although studied in less detail, top state antitrust enforcers are starting to transition to major law firms, too.) The concerns about the “revolving door” are obvious. The reality, however, is that government agencies need legal talent, and that talent is often found in law firms. Even during the Biden years, large numbers of private practitioners were recruited. Moreover, a variety of experiences has to help a government agency–and agencies can benefit from having “alumni” who can communicate with the public and perhaps rotate back to work for a state or federal enforcer. This chapter gives only two cheers, however, because some worrisome issues remain. Career staff are invaluable, yet “revolving” can create tensions. Outsiders do bring a particular mindset. Of course top private-firm lawyers heading into the government will think of returning to the private sector, but it is striking that so many FTC commissioners leave for corporate law firms without having come from there. Moreover, the post-agency-employment rules could be tougher. Finally, the inevitable reality is that consulting has costs. Although the “revolving door” is both inevitable and beneficial in many ways, it is an issue deserving of regular attention.

Disciplines

Antitrust and Trade Regulation | Law

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