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ARTICLE · 04 JANUARY 2019

Impact Of The U.S. Government Shutdown On Antitrust Enforcement

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The U.S. government partially shut down on December 22 after lawmakers failed to agree on appropriations to fund certain federal operations.

United StatesAntitrust/Competition Law

The U.S. government partially shut down on December 22 after lawmakers failed to agree on appropriations to fund certain federal operations. The shutdown impacts hundreds of thousands of government employees, nine federal departments, and several agencies, including the Department of Justice (DOJ) and Federal Trade Commission (FTC), which are jointly responsible for antitrust enforcement.

The DOJ and FTC both have contingency plans in place to govern operations in the event of a lapse in appropriations. Under these plans, in accordance with federal law, employees will be furloughed during the shutdown with limited exceptions, including for employees performing work considered essential to protect safety or property. The DOJ projects that roughly 40% of Antitrust Division personnel (264 employees) will be excepted from furlough, while the FTC estimates that 43% of employees in the Bureau of Competition (132 employees) will continue to work. Because the shutdown

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Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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