United States Department of Justice Antitrust Division
Seal of the United States Department of Justice | |
Division overview | |
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Formed | 1919 |
Jurisdiction | Federal government of the United States |
Headquarters | Robert F. Kennedy Department of Justice Building 950 Pennsylvania Avenue NW Washington, D.C., United States |
Division executive |
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Parent department | U.S. Department of Justice |
Website | Official website |
Competition law |
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Basic concepts |
Anti-competitive practices |
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Enforcement authorities and organizations |
The United States Department of Justice Antitrust Division is a division of the U.S. Department of Justice that enforces U.S. antitrust law. It has exclusive jurisdiction over U.S. federal criminal antitrust investigations and prosecutions. It also has jurisdiction over civil antitrust enforcement, which it shares with the Federal Trade Commission (FTC). The Antitrust Division often works jointly with the FTC to provide regulatory guidance to businesses.
The Division is headed by an Assistant Attorney General, who is appointed by the President of the United States with and by the advice and consent of the Senate, 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
[edit]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 the Division was not formally established until 1919.[citation needed]
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
[edit]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
[edit]The head of the Antitrust Division is the 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]
Front Office and Operations
[edit]As of June 25, 2015[update], the division consists of these sections and offices:[8]
Office of the Assistant Attorney General
[edit]- Assistant Attorney General
- Deputy Assistant Attorneys General
- Chief of Staff and Senior Advisors
- Directors of Enforcement
- Office of the Chief Legal Advisor
Office of Operations
[edit]Civil Sections
[edit]- 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
[edit]- Chicago Office
- New York Office
- Procurement Collusion Strike Force
- San Francisco Office
- Washington Criminal Section
Economic Sections
[edit]- Economic Analysis Group
Other Offices
[edit]- Appellate Section
- Competition Policy and Advocacy Section
- Executive Office
- International Section
List of Assistant Attorneys General for the Antitrust Division
[edit]Name | Years of service | Appointed by |
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William Joseph Donovan | 1926–1927 | Calvin Coolidge |
John Lord O'Brian | 1929–1933 | Herbert Hoover |
Robert H. Jackson | 1937–1938 | Franklin D. Roosevelt |
Thurman Arnold | 1938–1943 | Franklin D. Roosevelt |
Wendell Berge | 1943–1947 | Franklin D. Roosevelt |
John F. Sonnett | 1947–1948 | Harry S. Truman |
Herbert Bergson | 1948–1950 | Harry S. Truman |
Leonard Bessman | 1950–1951 | Harry S. Truman |
H. Graham Morison | 1951–1952 | Harry S. Truman |
Newell A. Clapp | 1952–1953 | acting |
Stanley Barnes | 1953–1956 | Eisenhower |
Victor R. Hansen | 1956–1959 | Eisenhower |
Robert A. Bicks | 1959–1961 | Eisenhower |
Lee Loevinger | 1961–1963 | Kennedy |
William Horsley Orrick, Jr. | 1963–1965 | Kennedy |
Donald F. Turner | 1965–1968 | Lyndon Johnson |
Edwin Zimmerman | 1968–1969 | Lyndon Johnson |
Richard W. McLaren | 1969–1972 | Richard Nixon |
Walker B. Comegys | 1972 | acting |
Thomas E. Kauper | 1972–1976 | Richard Nixon |
Donald I. Baker | 1976–1977 | Gerald R. Ford |
John H. Shenefield | 1977–1979 | Jimmy Carter |
Sanford Litvack | 1979–1981 | Jimmy Carter |
William Baxter | 1981–1983 | Ronald Reagan |
J. Paul McGrath | 1983–1985 | Ronald Reagan |
Douglas H. Ginsburg | 1985–1986 | Ronald Reagan |
Charles Rule | 1986–1989 | Ronald Reagan |
James F. Rill | 1989–1992 | George H.W. Bush |
Charles James | 1992 | acting |
J. Mark Gidley | 1992–1993 | acting |
Anne Bingaman | 1993–1996 | Bill Clinton |
Joel Klein | 1996–2000 | Bill Clinton |
Douglas Melamed | 2000–2001 | acting |
Charles James | 2001–2003 | George W. Bush |
R. Hewitt Pate | 2003–2005 | George W. Bush |
Thomas O. Barnett | 2005–2008 | George W. Bush |
Deborah A. Garza | 2008–2009 | acting |
Christine A. Varney | 2009–2011 | Barack Obama |
Sharis Pozen | 2011–2012 | acting |
Joseph F. Wayland | 2012 | acting |
Renata Hesse | 2012–2013 | acting |
William Baer | 2013–2017 | Barack Obama |
Makan Delrahim | 2017–2021 | Donald J. Trump |
Jonathan Kanter | 2021–Present | Joe Biden |
See also
[edit]- Competition Bureau (Canadian counterpart)
- Competition policy
- Competition regulator
- Federal Trade Commission
- United States v. Microsoft Corp.
References
[edit]- ^ "U.S. Senate confirms Google critic Kanter to head Justice Dept Antitrust Division". Reuters. November 17, 2021. Retrieved November 17, 2021.
- ^ Werden, Gregory J. (Fall 2018). "Establishment of the Antitrust Division of the U.S. Department of Justice". St. John's Law Review. 98 (3): 419–430.
- ^ Lipman, Melissa (January 15, 2023). "DOJ's Antitrust Plans Unclear Amid Looming Office Closures". Law360. Archived from the original on April 5, 2013. Retrieved January 28, 2017.
- ^ Lipman, Melissa (May 2, 2012). "Kohl Urges DOJ To Reconsider Antitrust Office Closings". Law360. Archived from the original on February 2, 2017. Retrieved January 28, 2017.
- ^ Lipman, Melissa. "DOJ Faces Mounting Flak Over Plan To Close Antitrust Offices". Law360. Archived from the original on February 2, 2017. Retrieved January 28, 2017.
- ^ "Meet the Assistant Attorney General". Department of Justice. November 17, 2021. Archived from the original on November 28, 2021.
- ^ Antitrust Division Manual (5th ed.). U.S. Department of Justice. April 2015. pp. I–4. Archived from the original on April 12, 2021.
- ^ "Sections And Offices". www.justice.gov. June 25, 2015. Retrieved May 24, 2021.