DOJ

The Convoluted Regulatory Regime for M&A Assessments in the US

What happens when the goals of antitrust enforcers clash with regulators focused on issues of national security and public interest? A forthcoming book by Ioannis Kokkoris, Public Interest Considerations in US Merger Control, explores these tensions in the United States regulatory framework.

How To Handle Big Tech Acquisitions Under Uncertainty

The Federal Trade Commission recently failed to stop Meta’s acquisition of virtual reality company Within, while the Department of Justice is now attempting to...

Understanding the DOJ’s Decision To Seek a Jury Trial in the Google Ad Tech Case

The Department of Justice recently sued Google for conduct relating to its ad tech services, accusing the search giant of unlawful monopolization. In an...

DOJ Antitrust Head Jonathan Kanter: “We Are Making It Very Clear: We’re Going to Hold Individuals Accountable”

In an interview with ProMarket, assistant attorney general Jonathan Kanter, head of the Department of Justice’s antitrust division, explains why he believes that the...

Google’s Calls for DOJ Antitrust Head Jonathan Kanter’s Recusal Are Baseless

Kanter’s pre-existing commitment to aggressive antitrust enforcement, far from compromising the legitimacy of his actions, reinforces his qualifications for doing the job of Assistant...

The DOJ’s “New Madison” Doctrine Disregards Both the Economics and the Law of Innovation

DOJ’s “New Madison” approach to antitrust and intellectual property law dictates that antitrust should stay out of disputes over patents, even when market power...

Of Antitrust and Patents: the Quiet Return of the Status Quo at the DOJ’s Antitrust Division

Without Senate-confirmed political leadership, the Department of Justice quietly reverts to an Obama-era policy that favors Big Tech. The consistent theme running through Makan Delrahim’s...

The Real Dish on the T-Mobile/Sprint Merger: A Disastrous Deal From the Start

The Trump-era DOJ’s decision to allow the T-Mobile/Sprint merger will go down as one of the worst merger-enforcement mistakes in decades. This merger will...

Senator Klobuchar’s Antitrust Bill Doesn’t Go Far Enough

Senator Klobuchar’s bill includes many useful proposals to bolster antitrust enforcement, but the antitrust laws have been so weakened by the courts and by...

Morale At the DOJ’s Antitrust Division Has Plummeted. Here’s How to Fix It

The Biden administration should work to reverse the declining morale since a re-energized Antitrust Division will translate into more effective, innovative enforcement efforts.   The...

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