Recent Developments At The U.S. Department Of Justice, Antitrust Division

This bulletin summarizes recent developments and activities of the U.S. Department of Justice, Antitrust Division, and enforcement priorities under the new administration.

Shift in Enforcement Priorities by the New Administration

Christine Varney, Assistant Attorney General in charge of the Department of Justice's Antitrust Division, has made it clear that the new administration intends to take a sharp turn away from the generally self-policing antitrust policy of the Bush administration. Her first speech as head of the Antitrust Division was titled "Vigorous Antitrust Enforcement in this Challenging Era," and focused most heavily on the Division's approach to enforcing Section 2 of the Sherman Act, which prohibits monopolization or attempts to monopolize. Notably, the Justice Department did not commence a single Section 2 case during the Bush Administration.