Obama Administration Withdraws Bush-Era Monopolization Guidelines and Signals Shift Toward More Robust Antitrust Enforcement Policy

Originally published May 11, 2009

The Obama Administration today signaled a more aggressive antitrust enforcement policy and a clear shift away from the Bush Administration's more laissez-faire approach. It also drew from lessons of U.S. recession-era policy to highlight the need for continued antitrust enforcement during the current financial crisis and global recession, and hinted at more robust review of mergers and acquisitions—especially in high-tech industries.

A Renewed Focus on Section 2 Monopolization Claims

Specifically, in an announcement on the Antitrust Division's Web site¹ and an important speech this morning at the Center for American Progress,² Christine Varney, the Assistant Attorney General for Antitrust, today announced the withdrawal of a report on Section 2 monopolization offenses issued last year. "As of today, the Section 2 report will no longer be Department of Justice policy," the Department of Justice announcement said. "The Report and