Beyond Civil Enforcement

Jonathan Kanter, Assistant Attorney General for the Antitrust Division at the U.S. Department of Justice (DOJ), recently delivered remarks at the annual Fordham Competition Law Institute’s International Antitrust Law and Policy Conference.

During his remarks, Mr. Kanter summarized areas in which the DOJ attempts to enforce and influence antitrust law and provided relevant insight into subject matters upon which the DOJ appears focused.

First, Mr. Kanter spoke about the DOJ’s activity in criminal enforcement, noting that since January 2022, criminal enforcement has resulted in 11 corporate guilty pleas, 22 individual guilty pleas, and the conviction of seven individuals at trial. He also discussed how, for the first time, the DOJ secured structural relief in a criminal antitrust case.

Next, he discussed the DOJ’s amicus program. In these cases, the DOJ files supporting memoranda to provide its “expert input to courts, and [to preserve the DOJ’s] ability to prosecute problematic conduct.” It should be noted that one of the examples Mr. Kanter cited involved allegations related to the labor market, which continues to be an agency focus.

Mr. Kanter also touched on the DOJ’s draft merger guidelines, saying the comments received during the comment period were “thoughtful and constructive” and that the agency is continuing to work on revisions to the draft guidelines. Once again, he specifically discussed the proposed guidelines’ approach to labor markets and said that under the new guidelines, a proposed merger’s impact on the labor market could serve as a standalone basis to challenge the merger.

Finally, Mr. Kanter discussed international cooperation and the importance of cooperation in our interconnected world.