As federal enforcement and regulatory actions evolve, state attorneys general have emerged as primary, independent regulators in the United States, often acting as the "tip of the spear" in antitrust enforcement. State AGs wield broad authority to investigate and prosecute businesses across all industries, from banking and pharmaceuticals to technology and healthcare, making vigilant monitoring of their activities essential for companies operating in today's fragmented regulatory environment.

“With federal action often stalled or uneven, state attorneys general are driving a new wave of coordinated antitrust enforcement," said Michelle Mantine, Partner at Reed Smith. "Our State AG Tracker enables clients to proactively monitor developments, assess risk, and take informed action in a fast-moving regulatory environment."

The highest-profile enforcement actions consistently involve large, bipartisan coalitions of state AGs, often coordinating with or paralleling federal enforcers. This coalition approach has become a durable structural feature of state antitrust enforcement rather than a one-off tactic.

A Powerful Resource for Proactive Compliance

Reed Smith's State AG Tracker combines data on all antitrust litigation, investigations, legislative developments, and statutes involving state attorneys general across all 50 states since 2020. The interactive database can be filtered by state, industry, and type of action, enabling clients to focus on the developments and issues most relevant to their business operations.

The tracker offers significant advantages for companies seeking to stay ahead of regulatory developments:

Enhanced Risk Management. State attorneys general frequently target specific industries with coordinated investigations. By monitoring their actions, companies can identify emerging risks and adjust their compliance programs before becoming the target of an inquiry. The tracker also helps businesses manage "patchwork" regulation by tracking how individual states interpret and enforce laws differently.

Strategic Business Planning. Executives have a duty to make informed decisions when launching new products, entering new markets, or implementing new technologies such as artificial intelligence. The State AG Tracker ensures business leaders are aware of the legal landscape before making critical operational decisions, helping to mitigate disruption and avoid costly litigation.

Reputational Protection. State attorneys general are increasingly making investigations public, which can significantly damage a company's reputation. Early awareness of enforcement trends allows firms to manage their public image, engage proactively with regulators, and respond strategically to emerging concerns.

Who Will Benefit

The State AG Tracker will prove particularly valuable to general counsel, chief compliance officers, and legal teams at companies in high-risk sectors, including technology, healthcare, financial services, artificial intelligence, and consumer products.

The combination of new statutory authority, proven coalition playbooks, and bipartisan political support for antitrust action all point to sustained and potentially increasing state AG activity, particularly as states position themselves to act independently of shifting federal enforcement.