The Supreme Court’s decision to overturn the Chevron doctrine in Loper Bright Enterprises v. Raimondo marks a significant shift for all areas of administrative law. For in-house counsel, the change promises the potential to start rebalancing power between industry and regulators. While the long-term impact may favor businesses, the immediate future is less clear and will likely be fraught with increased litigation and unpredictability—especially for companies operating in highly regulated industries.
One regulatory area in which in-house counsel may feel the immediate impact of this unpredictability is antitrust enforcement. The overturning of Chevron could make the already complex world of Hart-Scott-Rodino (HSR) pre-merger notification even more unpredictable.
