DOJ's Recent Statement Of Interest: An Example Of America First Antitrust

On July 11, the Department of Justice Antitrust Division filed a Statement of Interest in a private lawsuit alleging anticompetitive collusion among defendants like The Washington Post and with non-defendants like X to suppress certain views on COVID and U.S. politics. DOJ's move generated unpleasant surprise among some in the antitrust community and beyond; but the move seems consistent with numerous statements by the Administration and its supporters, including the America First Antitrust principles recently outlined by Division head Gail Slater.

Summary of Case and Defendants' Motion to Dismiss

Children's Health Defense and several other publishers of original content alleged a group boycott (under both per se and rule of reason analyses) by The Washington Post, BBC, Reuters, and Associated Press from their participation in the Trusted News Initiative. According to the plaintiffs, these participants used TNI to collude with each other and platforms like