United States Department of Justice Antitrust Division

The United States Department of Justice Antitrust Division is the division of the U.S. Department of Justice that enforces U.S. antitrust law. It has exclusive jurisdiction over American criminal antitrust prosecutions, and shares jurisdiction with the Federal Trade Commission (FTC) over civil antitrust cases. The Antitrust Division often works jointly with the FTC to provide regulatory guidance to businesses.

United States Department of Justice
Antitrust Division
Seal of the United States Department of Justice
Division overview
Formed1919 (1919)
JurisdictionFederal government of the United States
HeadquartersRobert F. Kennedy Department of Justice Building
950 Pennsylvania Avenue NW
Washington, D.C., United States
Division executive
Parent departmentU.S. Department of Justice
WebsiteOfficial website
Competition law
Basic concepts
Anti-competitive practices
Enforcement authorities and organizations

The Division is headed by an Assistant Attorney General, who is appointed by the President of the United States and reports to the Associate Attorney General. The current Assistant Attorney General for the Antitrust Division is Jonathan Kanter, who was sworn into office November 16, 2021.[1]

History

On February 25, 1903, Congress earmarked $500,000 for antitrust enforcement. On March 3, 1903, Congress created the position of Antitrust AG, with a salary to be paid out of the funds earmarked for antitrust enforcement. The 1904 DOJ Register identified two professional staffers responsible for enforcement of antitrust laws, but it wasn't until 1919 that the Division was formally established.

Attorney General A. Mitchell Palmer “effected the first important reorganization" of DOJ since it was first established in 1870. Palmer organized DOJ into divisions, and placed the AtAG “in charge of the Anti-Trust Division.” Palmer's annual report for the fiscal year ending June 30, 1919 contained the first public statement that DOJ had a component called the "Antitrust Division."[2]

2013 closure of field offices

The closure of four of the Antitrust Division's criminal antitrust offices in January 2013 generated significant controversy within the Division and among members of Congress.[3][4][5] The Attorney General posited that the closure of these offices will save money and not negatively affect criminal enforcement.

A significant number of career prosecutors have voiced contrary opinions, noting that the elimination of half of the Division's criminal enforcement offices will increase travel expenses and diminish the likelihood of uncovering local or regional conspiracies.

Leadership

The head of the Antitrust Division is an Assistant Attorney General for Antitrust (AAG-AT) appointed by the President of the United States. Jonathan Kanter was confirmed as Assistant Attorney General on November 16, 2021.[6]

The Assistant Attorney General is assisted by six Deputy Assistant Attorneys General (DAAG) who each oversee a different branch of the Division. One of the DAAGs holds the position of "Principal Deputy," that is "first among equals," and "will typically assume the powers of the Assistant Attorney General in the Assistant Attorney General’s absence."[7]

Office of the Assistant Attorney General
  • Assistant Attorney General
  • Deputy Assistant Attorneys General
  • Chief of Staff and Senior Advisors
  • Directors of Enforcement
  • Office of the Chief Legal Advisor

Civil Sections
  • Civil Conduct Task Force
  • Defense, Industrials, and Aerospace Section
  • Financial Services, Fintech, and Banking Section
  • Healthcare and Consumer Products Section
  • Media, Entertainment, and Communications Section
  • Technology and Digital Platforms Section
  • Transportation, Energy, and Agriculture Section

Criminal Sections and Offices
  • Chicago Office
  • New York Office
  • Procurement Collusion Strike Force
  • San Francisco Office
  • Washington Criminal I Section
  • Washington Criminal II Section

Economic Sections
  • Economic Analysis Group

Other Offices
  • Appellate Section
  • Competition Policy and Advocacy Section
  • Executive Office
  • International Section

See also

References
  1. "U.S. Senate confirms Google critic Kanter to head Justice Dept Antitrust Division". Reuters. November 17, 2021. Retrieved November 17, 2021.
  2. Gregory J. Werden, Establishment of the Antitrust Division of the U.S. Department of Justice
  3. "DOJ's Antitrust Plans Unclear Amid Looming Office Closures - Law360". www.law360.com. Retrieved January 28, 2017.
  4. "Kohl Urges DOJ To Reconsider Antitrust Office Closings - Law360". www.law360.com. Retrieved January 28, 2017.
  5. "DOJ Faces Mounting Flak Over Plan To Close Antitrust Offices - Law360". www.law360.com. Retrieved January 28, 2017.
  6. https://www.justice.gov/atr/staff-profile/meet-assistant-attorney-general
  7. Antitrust Division Manual. U.S. Dep't of Justice. April 2015. pp. I–4.
  8. "Sections And Offices". www.justice.gov. June 25, 2015. Retrieved May 24, 2021.
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