DOJ Assistant AG to Ramp Up Antitrust Enforcement

In an address to the New York City Bar Association, DOJ Assistant Attorney General Jonathan Kanter described efforts to "reinvigorate antitrust enforcement" during "a time of crisis and hardship."

Mr. Kanter highlighted five steps to foster dynamic and resilient competition in the American economy: (i) reinforce that "the goal of antitrust is to protect competition"; (ii) the development of antitrust policy should be inclusive and its language understandable; (iii) market realities should be incorporated into antitrust; (iv) Section 2 of the Sherman Act should be revived; and (v) pursue active litigation.

Mr. Kanter noted that competition is beneficial in times of stability and in times of crisis. He reaffirmed that the "legislated goals of the antitrust laws are clear - Congress sought to protect competition and the competitive process." He emphasized that "[p]rotecting competition and the competitive process is about ensuring people have the power to choose between alternatives."

Mr. Kanter also raised the irony in the "consumer welfare standard" and how consumers "have been harmed in its name by underenforcement of the antitrust laws." He described how that standard hinders competition and leaves markets with "less freedom and less efficiency."

Mr. Kanter concluded that the DOJ will (i) remain vigilant in its mission to protect competition, (ii) "challenge deals that present an unacceptable risk to the American public," (iii) make antitrust laws reflect "our modern economy, our society, and our fellow citizens" and (iv) aim to recognize that antitrust laws are not meant to be construed narrowly.