Antitrust Division Increasingly Weighs In As Amicus Curiae

The Department of Justice's Antitrust Division continues to ramp up its private litigation amicus program after vowing to be more involved in antitrust enforcement over all. Last spring, the Antitrust Division's update noted that it had "embarked on an effort to expand its amicus program and significantly increase its participation in antitrust cases before they reach the Supreme Court," with an eye toward helping shape the development and application of antitrust law in the earliest stages of private litigation. See "Oyez Oyez! The Antitrust Division Expands Its Appellate and Amicus Program," Antitrust Division Update Spring 2018. The Antitrust Division's interest has resulted in filing more amicus briefs at the district court level. The cases in which DOJ has chosen to participate have spanned the spectrum of antitrust claims, ranging from a statement of interest in Miami District Court to let the state bar know it was not immune from federal antitrust liability to an