DOJ Toughens Antitrust Consent Decree Enforcement

In Short

The Situation:

The U.S. Department of Justice Antitrust Division ("DOJ") has adopted new terms in recent consent decrees that enhance DOJ's ability to enforce its settlements, most importantly by lowering the evidentiary standard for proving a defendant has violated the terms of a consent decree settlement. DOJ indicates that it will insist on this new language in all merger and civil non-merger antitrust settlements.

The Result: In addition to lowering the evidentiary standard, the new consent decree terms require defendants to pay the costs of DOJ enforcement efforts and allow DOJ to extend the term of the decree or terminate it upon notice to the court and defendants.