DOJ’s Antitrust Chief Defends Aggressive Stance Against Anti-Competitive Practices

The U.S. Department of Justice’s (DOJ’s) antitrust chief on Tuesday defended his aggressive stance against large corporations seeking to assert their market dominance, saying his duty is to the American people who are protected by law from the anti-competitive actions of the companies they enrich.

“My name is Jonathan Kanter, and I represent the people of the United States of America,” he said at the Anti-Monopoly Summit sponsored by the American Economic Liberties Project. He added that the Antitrust Division he leads has built an “unprecedented record of action” in challenging what he called anti-competitive mergers and monopolizing activities.

“In the past, the Antitrust Division’s antitrust enforcement was sometimes defined by what it did not do or by which parts of the law it had decided not to enforce,” said Kanter, an assistant U.S. attorney general. “Today’s Antitrust Division defines itself based on the actions it takes to enforce the law on behalf of the American people when supported by the facts and the law.”

The DOJ  and the Federal Trade Commission (FTC) published new merger guidelines last year, which Kanter called a “transformative and game-changing” policy statement, providing transparency to the public. The guidelines focus on vertical mergers, roll-up acquisitions, and consolidations that harm the labor market.

However, Kanter said, the measure of success is “whether our framework leads to tangible results for our clients. My client is the American people.”

Kanter added that the department’s aggressive oversight has led to more than 30 anti-competitive mergers being abandoned, including in industries that affect the supply chain. This abandonment occurred due to the deterrent effect of DOJ’s strong legal arguments in court against such companies as Google and Apple, he said.

Kanter cited the DOJ’s successful opposition in 2022 to the proposed merger of publishing giants Penguin Random House and Simon & Schuster, a consolidation that would have reduced the financial rewards for authors seeking the maximum return for their work.

“These are not widgets. Books are not widgets. Ideas are not widgets,” Kanter said.

“This is not just about dollars and cents, although it matters for our wallets,” he added. “It’s about the marketplace of ideas. It’s about the currency of our democracy, the information that fuels the public discourse.”

Kanter said the Antitrust Division is addressing anti-competitiveness in the digital market. He cited the division’s lawsuit against Apple, claiming its monopolizing of smartphones has made iPhones less innovative.

“The law does not permit hobbling innovation in the digital ecosystem just to protect monopoly power,” Kanter said. “So we took action.”

The DOJ’s lawsuit against Google is now in the hands of U.S. District Judge Amit Mehta, who is reviewing the agency’s claim that the company has engaged in unlawful exclusionary conduct to protect its internet search and advertising dominance. Mehta’s ruling in the U.S. District Court in Washington, D.C., is expected in the coming months.

“Our team expertly litigated one of the most significant antitrust monopolization cases in decades,” Kanter said of the Google case. “The Antitrust Division sends a powerful message to America’s monopolists: If you break the law, you will face a formidable opponent in court.”

He also referred to the division’s many criminal convictions and resolutions in the past two and a half years. “When law enforcement is meaningful, the antitrust laws are no longer a suggestion,” Kanter said. “In the United States in 2024, the antitrust laws are once again a requirement.”

From: National Law Journal