U.S. Department of Justice Antitrust Division
A Message from the AAG opportunities we have in our began a review of digital platforms positions of public trust. All of us and engaged in powerful public have taken a solemn oath to support advocacy regarding the importance and defend the Constitution, and we of properly applying antitrust law in strive each day to discharge our this area. duties faithfully as employees of the Department of Justice. The Division’s criminal program has similarly been fruitful. In November In these times, the Antitrust Division 2019, we launched the government- remains steadfast in its mission to wide Procurement Collusion Strike protect competition for the benefit Force (PCSF). The Division’s criminal of consumers. As I write this, most of trials resulted in two guilty verdicts our employees are working remotely this fall and, in March 2020, we following guidance in March from secured the largest ever antitrust Makan Delrahim the U.S. Office of Management and fine or penalty imposed in the Assistant Attorney General Budget. Though not without their prosecution of a purely domestic
Unlike previous newsletters released challenges, these difficult cartel. And just three weeks ago we during the ABA Spring Meeting, the circumstances have not stopped our announced the first set of Division shares this “Spring” Update attorneys, economists, and support indictments in the Division’s broiler for 2020 during extraordinarily staff from advancing the Division’s chicken cartel investigation. This challenging times. The spread of mission with continued dedication newsletter features these COVID-19 has affected all aspects of and resourcefulness. I am immensely accomplishments and many more. proud of our employees, and our daily lives, as we face both the At the outset, I would like to focus on appreciate the chance this public health and economic effects of a few of our top priorities and offer a newsletter provides to report and the virus. As many of us do our part preview of what is to come. to prevent the spread of COVID-19, reflect on what we have however, we were also gripped by accomplished together. COVID-19 Response To address one of the most the horrifying death of Mr. George Over the past year, the Antitrust immediate challenges facing our Floyd in Minneapolis. My heart is Division tackled a number of nation, the Antitrust Division has with the peaceful demonstrators important mergers on behalf of taken swift action in order to help who honor the memory of Mr. Floyd American consumers. For example, fight the spread of COVID-19. In by seeking justice and the reforms we secured an important set of addition to moving most of our necessary to prevent similar events divestitures to address vertical and employees to telework quickly, we in the future. horizontal harm in UTC/Raytheon, started conducting meetings and negotiated significant structural Despite these challenging times, depositions by video and relief to facilitate the introduction of these events have served to teleconference, accepting electronic a new wireless competitor in T- emphasize the resiliency of our filings of Hart-Scott-Rodino (HSR) Mobile/Sprint, and prevailed in a nation. They also underscore the notifications, and preparing to first-of-its-kind arbitration critical nature of our work as federal appear remotely in courtrooms. The proceeding in Novelis/Aleris. We also prosecutors and the precious Antitrust Division has also been
1 U.S. Department of Justice Antitrust Division Update 2020
working closely with other federal program also has taken the lead The Division’s innovations were not agencies, including the Department within the International Competition limited to internal processes. In of Health and Human Services, Network (ICN) and other multilateral February 2020, the Antitrust Division Department of Defense, the Federal organizations to encourage the engaged in the first-ever arbitration Emergency Management Agency, exchange of rapidly developing in a merger challenge in Centers for Medicare & Medicaid information; these efforts have Novelis/Aleris, pursuant to the Services, Department of Agriculture, allowed the Division to stay updated Division’s authority under the and the White House Coronavirus on how COVID-19 has affected Administrative Dispute Resolution Task Force, to ensure critical competition enforcement around the Act of 1996. The use of arbitration in products and medical supplies reach world. this instance provided greater those who most need them. certainty to the parties and allowed Innovation in Merger Review the Antitrust Division to resolve the We also have issued two joint As we adjust in these times, I take dispositive issue of market definition statements with the Federal Trade pride in other achievements the efficiently and effectively, Commission (FTC) in an effort to Division attained in the spirit of maximizing our enforcement introduce greater certainty in these adaptation and innovation. In resources, saving taxpayer resources, uncertain times. The first details the September 2018, I pledged that the and providing the merging parties types of collaborative activities Antitrust Division would modernize with greater certainty. The among competitors that are its merger review process with an arbitration hearing was held over a consistent with the antitrust laws eye toward expediting review period of ten days (including some and outlines an accelerated business without compromising its quality. partial days) in the Antitrust review process. Only 11 days later, The Division consistently has met or Division’s new Anne K. Bingaman the Division issued our first business exceeded our goal of completing the Auditorium and Lecture Hall in the review letter related to the investigative phase of merger Liberty Square Building in pandemic—5 days after receiving the reviews and providing feedback to Washington, D.C. Eleven fact request—pursuant to this expedited parties within six months, as long as witnesses and three expert witnesses process. The letter explained that, the parties expeditiously cooperate testified in the proceedings. The provided certain conditions were and communicate with us. Through arbitrator ultimately agreed with our met, the Antitrust Division would not early 2020, we successfully reduced conception of the market definition challenge the collaborative efforts of the average time in all merger and ruled in March 2020 for the companies working with federal investigations from filing an HSR to Division within the agreed two-week authorities to expedite and to the Division notifying the parties of time frame. The proposed final increase the distribution of our position to 5.4 months. In merger judgment will require Novelis to important medical equipment. In our investigations that resulted in a divest Aleris’s aluminum auto body second joint statement with the FTC, challenge, whether litigated in court sheet operations in North America. we reaffirmed the importance of or otherwise resolved, the average The experience proved that, in the competition for American workers time to notification was reduced to proper circumstances, antitrust and expressed our commitment to 5.7 months. agencies can harness the strengths of curbing anticompetitive conduct by arbitration and ensure the benefits those who exploit the pandemic by As part of the reforms I announced in 2018, we also implemented steps to of a speedy and sound resolution for entering into unlawful wage-fixing or the public. no-poach agreements. introduce significant transparency into our processes, including The Division also obtained pivotal Consistent with the Department’s publishing on our website new relief in T-Mobile’s acquisition of guidance, the Antitrust Division also models for timing agreements and Sprint, which has proved particularly has prioritized the criminal for voluntary request letters. These significant during the pandemic given investigation and prosecution of reforms collectively have provided consumer demand for mobile competition cases related to COVID- greater certainty and predictability connectivity. The Division’s remedy 19. Through the Antitrust Division’s for mergers and acquisitions that are will safeguard competition in the PCSF and other tools, we will hold reviewed by the Division. Even with wireless industry by providing accountable individuals and the constraints imposed by the important divestitures that will companies that use the pandemic as COVID-19 pandemic, I am optimistic facilitate the entry of Dish as a fourth an opportunity to engage in criminal that these reforms will have lasting nationwide competitor. This relief antitrust violations. Our international effects. stands to expand output and
2 U.S. Department of Justice Antitrust Division Update 2020
expedite the introduction of 5G The Antitrust Division also has been jointly issued a draft of revised networks for American consumers by hard at work safeguarding Vertical Merger Guidelines earlier ensuring the use of vast amounts of competition in industries that most this year, marking the first revamp of currently unused or underused directly affect American consumers. guidelines on this topic in over three spectrum. Dish will have immediate The Division’s criminal trials resulted decades. In so doing, we withdrew access to the New T-Mobile’s in two guilty verdicts this fall against the DOJ’s 1984 Non-Horizontal network, as well as access to low- executives whose actions have Merger Guidelines, which the band spectrum to facilitate its cheated consumers in the food and Division believes no longer reflects network buildout. Given its history as financial markets. These outcomes modern economic experience. Since a disruptive, innovative company, are a testament to the Division’s we first introduced the draft Vertical Dish will be well positioned to take commitment to holding executives Merger Guidelines for public advantage of this remedy and accountable for antitrust violations. comment in January, the Division has accelerate its entry as a nationwide In March 2020, the Division also received a great breadth and depth competitor. secured against a manufacturer of of comments from diverse groups. generic drugs a $195 million criminal We are grateful for the level of Launch of the PCSF penalty—the largest ever antitrust engagement on this important topic Our criminal program has been fine or penalty imposed in the and plan to finalize the guidelines as similarly effective. In November prosecution of a purely domestic soon as possible in the coming 2019, the Antitrust Division launched cartel. In addition, the Division month. It bears repeating, however, the Procurement Collusion Strike obtained a $100 million criminal that although the draft Vertical Force (PCSF), an interagency penalty in April 2020 from an Merger Guidelines describe the partnership of law enforcement oncology group charged with current enforcement practices of the personnel and prosecutors across the conspiring to allocate medical and agencies, the Antitrust Division will Department of Justice leading the radiation oncology treatments. not hesitate to bring appropriate national fight against criminal cases to the courts when necessary antitrust violations and other crimes New Frontiers in Competition to safeguard competition and affecting public procurement. The Advocacy advance consumer welfare. Antitrust Division is grateful both for Finally, the Division’s competition the support of our law enforcement advocacy efforts have been highly * * * partners including the United States successful. Our amicus program Despite the uncertainty in this Attorneys across the nation, and for exceeded prior expectations by filing moment, I am heartened by how we the overwhelmingly positive a record 24 briefs in 2019. Although have responded in the fight against response the launch has received many briefs focused on disputed COVID-19 and how peaceful from state and local agencies. Over areas of law where the answer to a protestors have pursued justice in 50 federal, state, and local particular legal question is not clear- memory of Mr. Floyd. I am confident government agencies have already cut, we have earned a 12-0-1 record that we will conquer the challenges sought training and assistance from with 11 cases pending. The program ahead, and remain convinced that the PCSF, as well as opportunities to is a testament to how the Division one of the key safeguards of a work with the PCSF on investigations. can leverage our limited resources vibrant and resilient economy is So far, the PCSF has led over a dozen for enforcement in an efficient way: effective antitrust enforcement— interactive virtual training programs Our amicus brief in Seaman v. Duke, enforcement that can adapt to for approximately 2,000 criminal a no-poach case, led us to obtain a rapidly changing conditions. As we investigators, data scientists, and consent decree while expending less embark onto the second half of this procurement officials. Over a third of than 1% of the resources that we coming year, the Antitrust Division the Antitrust Division’s current would typically use to investigate a will continue to monitor pandemic investigations relate to public similar matter. Thanks to the developments and guidance, but do procurement, and the PCSF marks an experienced and talented attorneys so without compromising on our important effort to marshal in the appellate section, we mission to pursue violations of the enforcement resources to tackle anticipate another prolific year in antitrust laws on behalf of American these cases. Several grand jury 2020. consumers. investigations already have been opened as a direct result of the work The Antitrust Division and the of the PCSF. Federal Trade Commission also
3 U.S. Department of Justice Antitrust Division Update 2020 This Spring a Decade Ago
New Approaches in the New Decade In reflecting on recent approaches, we also took a look As we enter the 2020s, the Antitrust so protects competition even after the at what the Antitrust Division Division reflects on new approaches to terms of a consent decree expire. These accomplished a decade ago. antitrust enforcement over the past few remedies also have the added benefit In April 2010, the Antitrust years. of ensuring ongoing competition Division and the Federal Trade without government intervention or Historic Arbitration of a Merger Commission issued a draft of the regulation; the market and its Horizontal Merger Guidelines to Dispute participants, rather than the Antitrust the public. After taking public Division, should drive pricing and In March 2020, the Department of comments into account, the innovation decisions. The Antitrust Justice prevailed in a first-of-a-kind agencies issued the revised Division recognizes that behavioral arbitration, which resolved a civil Horizontal Merger Guidelines in remedies are inherently regulatory and antitrust lawsuit challenging Novelis’s August 2010. proposed merger with Aleris thus undermine these aims. In the same month, the Corporation. This marks the first time The Division has also sought structural the Antitrust Division has used its Department of Justice presented remedies to address vertical concerns in the John Sherman Award to authority under the Administrative situations where the merged firm Dispute Resolution Act of 1996 (5 U.S.C. Professor Robert Pitofsky in would have the incentive and ability to recognition of his lifetime § 571 et seq.) to resolve a matter. The harm competition. For example, the new process could prove to be a model contributions to the protection of Antitrust Division secured important American consumers and the for future enforcement actions, where divestitures in March 2020 in the appropriate, to introduce greater preservation of economic liberty. merger between United Technologies The award was presented during certainty for merging parties and to Corporation (UTC) and Raytheon preserve taxpayer resources without a celebration of the Antitrust Company (Raytheon), two of the Divisions’ 120th Anniversary in compromising the Antitrust Division’s primary suppliers of certain military enforcement mission. the Great Hall of the Robert F. systems and components to the Kennedy Department of Justice As a result of the ruling, Novelis must Department of Defense (DoD). To Building. The Department of divest Aleris’s entire aluminum auto address vertical and horizontal antitrust Justice looks forward to body sheet operations in North concerns, the parties agreed to divest presenting the Sherman Award America, which will fully preserve three separate business units. to Judge Douglas H. Ginsburg this Raytheon/UTC competition in this important industry. is discussed in further fall. See page 12 to learn more. In addition, under the terms of the detail on page 21. In May 2010, the Department of arbitration agreement between Merger Review Process Justice, the Federal Trade defendants and the Department, Modernization Bearing Fruit Commission, and the U.S. Patent Novelis must reimburse the and Trademark Office held a joint Department for its fees and costs In September 2018, AAG Delrahim public workshop on the incurred in connection with the outlined a series of reforms that the intersection of patent policy and arbitration. See page 20 for more on Antitrust Division would undergo to competition policy and its Novelis. modernize the merger review process. implications for promoting As a benchmark to measure success, he Focus on Structural Remedies innovation. As then-AAG committed the Division to resolve most Christine Varney remarked, “We The resolution in Novelis is one of the merger investigations within six months will benefit from working most recent examples of the Antitrust of filing—provided that merging parties together with our PTO and FTC Division’s focus on structural remedies. cooperate expeditiously throughout the colleagues to ensure that the The Division has focused on structural process. United States is using patent and remedies in recent years because doing
4 U.S. Department of Justice competition policy that Antitrust Division Update 2020 maximizes the potential for innovation, which is the primary driving force of economic growth As part of those reforms, the Antitrust The PCSF is an interagency partnership in the 21st century.” Division published a model timing including prosecutors from the agreement, which, in addition to Antitrust Division and 13 U.S. Attorneys’ providing transparency, significantly Offices, along with agents from the FBI changed how the Division approaches and partner Offices of Inspector Second Request investigations. The General. The Strike Force was created Getting to Know the DAAGs Division also published for the first time to deter, detect, and prosecute Parties with matters in front of a model voluntary request letter so antitrust crimes and related fraudulent the Antitrust Division can visit merging parties can anticipate and schemes that undermine competition in the Division’s website to see the collect the information and documents government procurement, grant, and biographies of the Principal the Division needs. Getting that program funding. Deputy Assistant Attorney information to the Division during the Since its launch, the PCSF has generated General Bernard (Barry) Nigro, initial waiting period often allows the an overwhelmingly positive response Deputy Assistant Attorneys merging parties to avoid a Second from all corners of the procurement General Rene Augustine Request or to narrow the scope of a world. Over 50 federal, state, and local (international and policy), Second Request. government agencies have reached out Michael (Mike) Murray The Division has consistently been to the PCSF seeking outreach training, (appellate, litigation, merger and meeting or beating AAG Delrahim’s assistance with safeguarding their conduct investigations), Alex pledge of completing the investigation procurement processes, and Okuliar (litigation, merger and phase of our merger reviews and opportunities to work with the PCSF on conduct investigations), Richard informing the parties of the Division’s investigations. Indeed, the Division’s Powers (criminal enforcement), position within six months. Through PCSF attorneys had already led over and Jeffrey (Jeff) Wilder early 2020, in all merger investigations, thirty in-person outreach presentations (economics). the average time from the merging in 13 states and D.C. before the March To know them better, we asked parties filing an HSR to the Division 2020 Presidential declaration of a the Deputy Assistant Attorneys notifying the parties of the Division’s national emergency for COVID-19. Since General for two truths and a lie. position is 5.4 months. In merger then, the PCSF has led over a dozen Find the answers upside down investigations resulting ultimately in a interactive virtual training programs for on the next page. challenge, whether a litigated court approximately 2,000 criminal challenge or a remedy, the average investigators, data scientists, and Barry: time to notification is 5.7 months. procurement officials representing a) I have been employed every nearly 500 federal, state, and local year since 4th grade. Although not every merger can be agencies. The PCSF has already resulted b) I sailed bareboat in the resolved in six months, the Division has in the opening of several grand jury Lesser Antilles with Chairman taken concrete steps to reduce delay to investigations. Jerome Powell and a Jesuit. the extent possible. As always, the c) I once played golf with merging parties themselves can Enhancing Corporate Compliance President Clinton at Army exercise significant control over the Navy Country Club. In July 2019, the Antitrust Division timing of the merger review process. announced a new approach to Rene: The Launch of the Procurement corporate compliance programs in a) I was an extra in the movie Collusion Strike Force criminal investigations. The approach is Saw 4. based on a recognition that strong b) I took a covered wagon On November 5, Assistant Attorney corporate compliance programs are an across part of the Oregon General Delrahim announced the important part of the effort to deter Trail. launch of the Procurement Collusion and detect antitrust crimes. After a c) I have two pro athletes in my Strike Force (PCSF), with the support of public roundtable and careful immediate family. Deputy Attorney General Jeff Rosen.
5 U.S. Department of Justice Mike: Antitrust Division Update 2020 a) I walked the runway as a model for my high school prom fashion show. deliberation, we concluded that we program, described further on page 28, b) My father has four brothers could do more to incentivize antitrust bolsters the Division’s primary and four sisters, all over six compliance efforts by recognizing investigative and litigation efforts, feet tall, including the investments in pre-existing compliance allowing the Division to share its women. programs. expertise and experiences with c) I have helped prosecute generalist courts and judges—some of pirates. First, the Antitrust Division announced whom may have limited experience it would consider and allow for Alex: with antitrust laws themselves. The crediting corporate compliance at the a) I am an avid skier and have amicus program facilitates this charging stage in criminal antitrust been heli-skiing down important information sharing at investigations. When considering glaciers in Western Canada. comparatively low cost. For example, corporate charges, Division prosecutors b) I was nearly thrown over a the full cost (including investigation, now consider compliance together with wall by a bull while running litigation, and resolution phases) of the all the other factors under the with the bulls in Pamplona, Division’s case against Atrium Health’s Principles of Federal Prosecution and Spain. anticompetitive steering restrictions the Principles of Federal Prosecution of c) The first gift my wife gave was at least 100 times what the Division Business Organizations, as well as our me after we met was a spent in connection with its statement Corporate Leniency Policy. The skydiving trip. of interest, motion to intervene, and potential credit is resolving the matter consent decree in Seaman v. Duke Richard: by a deferred prosecution agreement, University regarding employee no- a) I was born in Germany. rather than by guilty plea. poach agreements. Notably, both cases b) I made a documentary film Second, the Division announced involved allegations of Sherman Act that screened at a film revisions to the Justice Manual violations in the healthcare industry, festival. reflecting this policy change and and both cases reached the same result c) My brother is a fighter pilot. updated the Antitrust Division Manual from an enforcement perspective. Jeff: to address evaluation of compliance While the Division maintains its robust a) I used to run along the Tigris programs, selection of monitors, and investigative and litigation efforts, the when stationed in Baghdad. Division processes for recommending amicus program can be a highly b) I was born in Little Rock, indictments and plea agreements. efficient use of resources in appropriate Arkansas. matters. Finally, for the first time, the Division c) I taught myself to pick locks
published a guidance document that The Antitrust Division also filed its first as a child.
a Jeff c; Richard ; a Alex focuses on evaluating compliance amicus brief with several State b;
: : Answers programs at both the charging and Attorneys General in the class action Mike a; Rene c; Barry sentencing stages of criminal antitrust case of Stromberg v. Qualcomm, Inc. in investigations. This guidance document June 2019. In their brief to the Ninth is intended to assist Division Circuit, the Division and the States prosecutors in their evaluation of argued that the district court’s compliance programs, and to provide certification of a nationwide class of greater transparency of the Division’s indirect purchasers under California’s New Front Office Faces compliance analysis. Cartwright Act was erroneous and Alex Okuliar undermined state and federal policies. Amicus Program Deputy AAG for Civil Enforcement The Division continues to deploy its Promoting International Due Alex Okuliar joined the Division amicus program as a cost-effective Process after nearly five years as partner in the antitrust group of an means of ensuring the proper Advancing an initiative envisioned and international law firm. Alex is a implementation and development of developed by the Division, in May 2019, federal antitrust laws. The amicus
6 U.S. Department of Justice former trial attorney in the Antitrust Division Update 2020 Technology and Financial Services Section and attorney advisor to FTC Commissioner the Division worked successfully with The successful launch of the CAP Ohlhausen. He has been the international competition represents a significant milestone for practicing antitrust law for enforcement community and the global competition-law enforcement. roughly twenty years with a International Competition Network Thus far, over 70 competition agencies, focus on merger advocacy and (ICN) to launch what is now the including almost every major antitrust litigation in the “Framework on Competition Agency competition agency in the world, have technology and media sectors. Procedures” (CAP). The CAP is the first signed on to the framework, and the Alex started an online media multilateral agreement on antitrust Division expects that number to company with friends in college among antitrust enforcement agencies continue growing. It remains a top and sold it shortly before going focused on promoting fundamental due priority for the Division to ensure to law school. He is a graduate of process, such as fair and effective China’s new agency, SAMR to be a Vanderbilt University Law School procedures, in competition signatory to the CAP. See page 27 and and the Wharton School of the enforcement. CAP member agencies AAG Delrahim’s speech to the Council University of Pennsylvania. around the world, who don’t need to be on Foreign Relations to learn more on ICN members, commit to adhering to the CAP. Eyitayo “Tee” St. Matthew- principles such as non-discrimination, Daniel The Judgment Termination Initiative transparency and predictability, New York Office Assistant Chief confidentiality protection, appropriate Prior to 1979, many consent decrees Eyitayo “Tee” St. Matthew- notification of allegations, written were perpetual, which make them Daniel served as Counsel to the enforcement decisions, and availability prime examples of extended regulation Assistant Attorney General until of independent review of decisions. without purpose. In recognition of the the end of April 2020, where her work focused on criminal Goods or Services Involved in the Judgment Termination Initiative antitrust matters including international cartel enforcement Down: and compliance. From June 2015 1. Alabama court tosses overboard to March 2019, Tee served as a the decree for netting this fish. trial attorney in the Division’s 2. Save your quarters. Decree Washington Criminal II Section. regulating coin-operated ____ play She joined the Division in June their last tracks. 2015 from private practice in the 3. Court doesn’t slip up in dismissing Brussels, New York, and this fruit decree. Washington, D.C. offices of 7. Court pulls the rug out. international law firms, where 9. This seafood decree is canned by she counseled clients on a range the court. of civil and criminal antitrust 10. Delaware court detonates this issues. Tee is dual-qualified in 107-year-old decree. New York and in England and Across: Wales, and is a graduate of 4. PETA didn’t object to this pelt Harvard Law School and the decree going out of fashion. University of Cambridge. She 5. Ohio court strikes this decree from currently serves as the Acting the books with no room to spare. Director of the Procurement 6. Going down. Decree now “Out of Service” for carrying grain. Collusion Strike Force and was 8. Texas court shells this nutty 46-year-old decree. recently appointed Assistant 11. Decree pushing up daisies after court buries it. Chief in the New York Office. 12. The day the ____ roll decree died. 13. Court thaws this 85-year-old decree. Find the answers on page 28.
7 U.S. Department of Justice Elyse Dorsey Antitrust Division Update 2020 Counsel to the AAG Elyse Dorsey serves as Counsel to the Assistant Attorney General. dynamism of markets, the policy of the terminate a decree. Terminated Elyse advises the AAG on a wide Antitrust Division is now generally to decrees range from obsolete industries array of legal and policy matters, limit any behavioral relief stemming (like music rolls) to seminal antitrust primarily relating to the from consent decrees to ten years. cases (like Standard Oil and Brown Division’s appellate and amicus Shoe). Some of the older decrees The Judgment Termination Initiative is brief programs, international subject to this review include the the Division’s effort to end perpetual work, and IP and technology- Paramount decrees that relate to judgments, dating back as far as the related issues. Elyse joined the motion picture exhibition and the 1890s. To date, the Division has Division from the Federal Trade ASCAP and BMI decrees that to this day terminated decrees in 77 of 79 affected Commission, where she was an govern the licensing of music for public districts across the United States. Attorney Advisor to performance rights. See more about Courts terminated nearly 800 legacy Commissioner Noah Joshua this initiative on page 16. judgments in total, and no court has Phillips. Prior to that, Elyse denied the Division’s request to practiced at an international law firm and clerked on the U.S. Court of Appeals for the Fifth New Heights for the “New Madison” Approach Circuit for Judge E. Grady Jolly. Elyse earned her law degree Over the past three years, the Antitrust Standards-Essential Patents Subject to summa cum laude from Antonin Division has embarked on a multi- Voluntary F/RAND Commitments, which Scalia Law School at George pronged effort to help educate and replaced a previous statement on the Mason University—where she modernize the approach to antitrust same topic that was issued in 2013. frequently teaches antitrust and intellectual property law. Under That effort was the culmination of close classes—and her undergraduate this “New Madison” approach, the work between staff and leadership at degree summa cum laude from Division has cautioned against the those three agencies. So far, the Clemson University. misapplication of antitrust theories to statement has been very well received IP disputes where a patent-holder as an important step toward restoring William Sloan unilaterally attempts to exercise the balance to the debate over the Counsel to the AAG “exclusive Right” conferred by the U.S. availability of injunctions for William Sloan served on detail as Constitution. The Division has sought to infringement of SEPs. Counsel to the Assistant Attorney foster balance in the debate between The Division further expanded its General until the end of February so-called patent “hold up” and “hold advocacy in federal district courts, filing 2020, where his work focused on out.” At the same time, the Division has statements of interest advocating for criminal antitrust matters, brought greater attention to the risk of the sound application of antitrust law to including serving as the first anticompetitive coordination among intellectual property disputes. Earlier Director of the recently-formed members of standards development this year, in Continental v. Avanci, the Procurement Collusion Strike organizations. Division argued that alleged breaches of Force. From 2014 to 2018, he This past year, the “New Madison” FRAND obligations do not give rise to served as an Assistant U.S. approach reached new heights as it monopolization claims, and in Intel v. Attorney in the Eastern District expanded its advocacy on matters Fortress, the Division argued against an of Virginia, and from 2018 to the involving the application of antitrust assertion that antitrust law barred the present as an Assistant U.S. law to intellectual property disputes. defendant’s efforts to aggregate and to Attorney in the Eastern District monetize patent rights. Consistent with of Michigan. Prior to joining the Late last year, the Division joined the its words of warning against Department of Justice, he U.S. Patent & Trademark Office and the anticompetitive conduct in standards worked as an associate in the National Institute of Standards and development organizations, the Washington, D.C. office of an Technology in releasing an updated Division’s statement of interest in NSS international law firm and also Policy Statement on Remedies for
8 U.S. Department of Justice served as a law clerk to the Antitrust Division Update 2020 Honorable Richard J. Leon of the U.S. District Court for the District of Columbia. Before attending Labs v. Crowdstrike emphasized that licenses to take a particular form. law school, he served in the U.S. illegal group boycotts among standards Moreover, after careful consideration, Marine Corps as an infantry participants may be subject to the per the Division filed an amicus brief in late officer and deployed twice to se rule. 2019 in FTC v. Qualcomm, now pending Iraq. He is a graduate of in the Ninth Circuit, arguing that the Georgetown University Law The Division also was active in district court’s ruling improperly applied significant cases pending in federal Center and Princeton University. Section 2 of the Sherman Act to courts of appeals. In October 2019, the condemn unilateral licensing activity in Kristina Srica Division filed a joint amicus brief with a manner that threatens competition Counsel to the AAG the U.S. Patent and Trademark Office in and innovation HTC v. Ericsson, now pending in the Kristina Srica serves as Counsel Fifth Circuit, advocating against a rigid With the success of the “New Madison” to the Assistant Attorney understanding of what FRAND requires project, the Antitrust Division expects General, where her work focuses patent-holders to offer licensees. to continue its public advocacy in the on a range of criminal antitrust Specifically, the agencies argued the coming year. Our goal is to promote matters. She has served in a court should not adopt a rule that dynamic competition and incentives for number of other positions since would unnecessarily limit the use of innovation, consistent with the joining the Antitrust Division prior licensing evidence in FRAND ingenious framework for the patent through the Attorney General’s disputes, or that would require FRAND system that the Founders created. Honors Program in 2012, including as a trial attorney in both the New York Office and Assistant Attorney General Awards Washington Criminal I Section, and as a Special Assistant to the In January 2020, AAG Delrahim the Deputy Assistant Attorneys General Directors of Civil and Criminal recognized the outstanding and Senior Director for Investigations Enforcement. As a trial attorney, accomplishments of the Division’s staff and Litigation presented the awards. Kristina investigated and at the Division’s Assistant Attorney The ceremony gave the Division a prosecuted a variety of domestic General Awards ceremony. After chance to acknowledge fifteen and international cartel cases in opening remarks from AAG Delrahim, individuals and nine teams that went a broad span of industries, including financial markets and generic drugs. She also served as a Special Assistant United States Attorney with the U.S. Attorneys’ Offices for the District of Columbia and the Eastern District of Virginia, where she litigated a broad range of criminal cases. Kristina is a graduate of Hofstra University and Brooklyn Law School.
Cecilia Cheng Rill Fellow of the Antitrust Division Cecilia Cheng is the inaugural Rill
Makan Delrahim delivers remarks at the annual Assistant Attorney General Awards ceremony in January Fellow of the Antitrust Division 2020. The ceremony was held this year in the Great Hall of the Robert F. Kennedy Department of Justice and joined the Division in 2019 Building. Find the full list of honorees on our website.
9 U.S. Department of Justice through the Attorney General’s Antitrust Division Update 2020 Honors Program. She spends the first year of the fellowship in the Office of the Assistant Attorney above and beyond in their advocacy for intensely negotiated merger General, where her work focuses competition and for American settlements, precedent-setting civil on a range of antitrust matters consumers. These recipients worked on conduct litigation, groundbreaking related to the international successful criminal trials, matters where international negotiations, and top- program and to civil litigation. As merging parties forced the Division’s notch appellate work, among other a summer intern in the San teams to go to court, complex and things. Francisco Office of the Division, Cecilia also worked on criminal In Memoriam: Wayne Dunham antitrust matters involving bid One of the employees recognized in the AAG Awards ceremony this January was rigging. Prior to joining the economist Wayne Dunham. Wayne’s passing at the end of 2019 left a hole in the Division, Cecilia was a law clerk Antitrust Division and its Economic Analysis Group. In his quarter century with the for the Honorable Douglas H. Antitrust Division, Wayne’s influence in shaping modern antitrust could not be Ginsburg of the D.C. Circuit Court missed. He aided in the development of theories of competitive effects by of Appeals. She developed an supporting many of the Division’s testifying experts and making his own interest in antitrust law before presentations on tying and vertical foreclosure. The Division consistently relied on attending law school, when she Wayne for high profile matters and consent decrees—but one of Wayne’s most worked as a senior analyst at an enduring contributions came in one of his very first cases: the Antitrust Division’s economic consulting firm Section 2 case against Microsoft. This was the first specializing in expert testimony major case to revolve around both network effects and for antitrust litigation. Cecilia is a potential competition, topics impossible to escape in graduate of the University of today’s antitrust circles. California, Berkeley and Yale Law
School. While the Division will certainly miss Wayne’s incredible substantive contributions to our work, we will miss his wry sense of humor and his passion even more. He was a generous colleague whose open door helped shape many of the next generation of Division The Sections of the Division economists. It was with much sadness that we learned Wayne Dunham of Wayne’s passing, and we are grateful for his decades The Antitrust Division could not Economist of public service. accomplish its mission of protecting competition without Attorney General Awards the dedication of its section members. These attorneys and The Division is excited to congratulate Holler, Jonathan Silberman, and Ryan economists represent the the two teams of attorneys who were Tansey received the Attorney General’s honored with the Attorney General’s Award for Distinguished Service for interests of the United States Award for Distinguished Service for their work on the Korea fuels parallel every day and serve as their work on important enforcement investigations. As a result of the caretakers of the antitrust laws. initiatives for the Antitrust Division. We Division’s investigation of a decade-long The Antitrust Division expresses also celebrated those honored with the bid-rigging conspiracy that targeted its thanks to all the employees John Marshall Award, the Department’s contracts to supply fuel to U.S. military who comprise the Division. It highest award for attorneys, for their bases in Korea, five oil companies also extends congratulations to work supporting the Antitrust Division’s agreed to plead guilty and seven those who have been promoted Judgment Termination Initiative. The individuals were indicted. In total, the to positions of leadership this Attorney General bestowed these companies have agreed to pay $156 year. Their names are marked awards at a ceremony last October. million in criminal fines and over $236 with an asterisk (*). million in separate civil settlements. Kevin B. Hart, Ken Sakurabayashi, Katie These settlements were the first Stella, Bobby Lepore, Dick Doidge, John
10 U.S. Department of Justice Appellate Section Antitrust Division Update 2020 Chief Daniel Haar*, Assistant Chief Robert B. Nicholson, Assistant Chief Stratton Strand Staff Attorneys: Adam Chandler, Andrew N. Delaney, Kathleen S. Kiernan, Patrick Kuhlmann, Bryan Leitch, Nickolai Levin, Matthew C. Mandelberg, Steven Mintz, Jeffrey Negrette, Robert Wiggers, Mary Helen Wimberly
Chicago Office Chief Kalina M. Tulley, Assistant Chief Daniel W. Glad*, Assistant Chief Michael Loterstein Staff Attorneys: Chester Choi, Jonathan Clow, Kevin Culum, Elizabeth Homan, Robert Jacobs, Meagan Johnson, Ruben Martinez, Jr., Arefa Patel, Jane The Department of Justice honors attorneys from the Antitrust Division with the Attorney General’s Phillips, Jill Rogowski, Andrew Award for Distinguished Service for their investigation into the electrolytic capacitors industry. The team Rosa, Vivian Sapthavee, Eric uncovered a wide-ranging price-fixing conspiracy which yielded guilty pleas and criminal fines totaling Schleef, Carla Stern, Sandra over $150 million. Talbott, Jason Turner significant Section 4A settlements in Finally, Dorothy Fountain, Mark Niefer, many years and the largest on record. Hillary Snyder, Larry Reicher, Barry Competition Policy and Creech, Justin Dempsey, Mark Merva, Advocacy Section Katrina Rouse, Christopher Carlberg, Cameron Gower, Ryan Karr, and Kara Chief David Lawrence*, Mikal Condon, Thomas Greene, Paradi Kuritz received the John Marshall Assistant Chief Karina B. Lubell* Javandel, Jacklin Lem, Kelsey Linnett, Award, the Department’s highest award Staff Attorneys: Mac Conforti, Andrew Mast, Howard Parker, for attorneys, for their work supporting Jennifer Dixton, Eric Dunn, Erica Alexandra Shepard, Celestine Susi, the Judgment Termination Initiative. Mintzer, Charles Ramsey, Edward Bernard, Peter Woodward, The team worked to terminate Douglas Rathbun and Linda Van Stavern received the perpetual consent decrees dating back Attorney General’s Award for Defense, Industrials, and to the 1890s that have languished on Distinguished Service for their work on Aerospace Section the books and records of the electrolytic capacitors. Electrolytic Department and court dockets. To date, Chief Katrina Rouse*, Assistant capacitors are a ubiquitous component the effort has led to the termination of Chief Jay Owen*, Assistant Chief of consumer electronics, including hundreds of legacy judgments in over Doha Mekki* computers, televisions, and car engine Staff Attorneys: Erin Carter seventy district courts across the system. The team’s investigation into Grace, Jeremy Cline, Thomas country. For more on this initiative, see the industry’s wide-ranging price-fixing DeMatteo, James Foster, Kerrie page 7. conspiracy led to charges against eight Freeborn, John Greaney, Stephen companies and ten individuals. The The Division is proud of the recognition Harris, Christine Hill, Dan team successfully prosecuted all eight our staff received, and thanks the team Monahan, Catherine companies, securing guilty pleas and members who supported them. We are Montezuma, Gabriella criminal fines totaling over $150 million. privileged to work with each one of Moskowitz, Samer Musallam, these talented and dedicated Veronica Onyema, Fred individuals. Parmenter, Kevin Quin, Blake Rushforth, Lowell Stern,
11 U.S. Department of Justice Angela Yuen Yuk Ting, Rebecca Antitrust Division Update 2020 Valentine, Bashiri Wilson
Economic Analysis Group The Sherman Award Economic Litigation Section: Chief Norm Familant, Assistant In October 2020, the Department of Chief Ari Gerstle* Justice will present the Honorable Economic Policy Section: Chief Douglas H. Ginsburg with the John Aditi Mehta*, Assistant Chief Sherman Award. The Award represents Evan Gee* the Department’s highest antitrust Economic Regulatory Section: honor, given in recognition of lifetime Chief Beth Armington, Assistant contributions to the development of Chief Nathan Goldstein* antitrust law and the preservation of Economic Advisor: Ron Drennan* economic liberty. Staff economists: Robin Allen, Danial Asmat, John Bender, Ross Of his many notable contributions to Brater, Jacob Burgdorf, Brian the field, Judge Ginsburg elevated the Three Assistant Attorneys General of the Clark, Haru Connolly, Patrick role of economic analysis in antitrust Antitrust Division. Pictured L-R: Makan Delrahim, Greenlee, Jenny Ho, Helen enforcement by expanding the James F. Rill, and the Hon. Douglas H. Ginsburg. Knudsen, June Lee, Jeff Lien, Division’s economics section and by markets. Judge Ginsburg’s antitrust Peggy Loudermilk, Matthew creating the position of the Deputy scholarship is widely admired, and his Magura, Sue Majewski, Levi Assistant Attorney General for academic works—ranging in topic from Marks, Dimitry Mezhvinsky, Economic Analysis during his tenure as the application of antitrust law in a Deborah Minehart, Diane Owen, the Assistant Attorney General of the changing economy to the effects of Craig Peters, Russ Pittman, Antitrust Division. His jurisprudence and extra-jurisdictional remedies—tackle Joseph Podwol, Yin Jia (Jeff) Qiu, scholarship further reflect the complex questions and continue to Alex Raskovich, Michael intellectual rigor that has marked his influence students, enforcers, and Sandfort, Jenny Shanefelter, distinguished career. He was an practitioners alike. Jessica Stahl, Yair Taylor, Tom influential judge on the landmark Whalen, Tor Winston, Zhongmin United States v. Microsoft case in 2001, The Department of Justice looks Wang, Peter Woodward, Fan and the case remains foundational to forward to presenting Judge Ginsburg Zhang understanding competition in high-tech with the award this fall. Staff Financial Analysts: Joanne Legomsky, John Griffin Spotlight on Women in Leadership Healthcare and Consumer The Antitrust Division is committed to supporting the many women who help Products Section advance the Division’s mission. Within the past year, the Division has welcomed Chief Eric Welsh*, Assistant several women to new roles, including in senior leadership positions. Chief Jill Maguire*, Assistant Rene Augustine Chief Andrew Robinson*
Staff Attorneys: Jesus Alvarado- The Division named Rene Augustine as the new DAAG Rivera, Shobitha Bhat, Barry in charge of international and policy matters in July Creech, Justin Dempsey, Nate 2019, a position to which she was formally appointed Harris, Justin Heipp, Chris Hong, in January 2020. Augustine served most recently as Barry Joyce, David Kelly, Karl Senior Counsel in the Antitrust Division’s Front Office, Knutsen, Garrett Liskey, John overseeing both the Competition Policy and Advocacy Lohrer, Natalie Melada, Section and the Media, Entertainment, and Catherine Reilly, David Stoltzfus, Professional Services Section. Augustine has Brandon Storm, Julie Tenney, previously served in all three branches of government Rene Augustine Chris Wetzel and in the private sector. Deputy Assistant Attorney General
12 U.S. Department of Justice International Section Antitrust Division Update 2020 Chief Lynda Marshall, Assistant Chief Caldwell Harrop, Assistant Chief Michelle Rindone Favorite part of the new role: “I love my job, especially because the international Staff Attorneys: Aimee Imundo, and policy programs at the Division cover an incredibly broad range of issues and Melanie Krebs-Pilotti, Caroline give me an opportunity to engage with so many bright and interesting people.” Laise, Tim Longman, Sharon Best professional advice you’ve received: “I have been fortunate to receive lots of Mann, Leah McCoy great advice from mentors during the course of my career. Two pieces of advice Technical Assistant Coordinator: stand out: 1) When opportunity knocks, open the door; and 2) Seek a diversity of Devon Mahoney (Ret. FBI) experience in your career—it will enhance your judgment and make you more Media, Entertainment, and effective in whatever you are doing.” Professional Services Section Kathy O’Neill Chief Owen Kendler, Assistant
Chief Lisa Scanlon, Assistant In July 2019, the Division also welcomed Kathy O’Neill as Chief Yvette Tarlov the Senior Director of Investigations and Litigation. Staff Attorneys: Meagan O’Neill has been with the Antitrust Division for 12 years, Bellshaw, Lee Berger, Brittney and most recently served as Chief of the Antitrust Dimond, Cory Brader Leuchten, Division’s Transportation, Energy, and Agriculture Mona Haar, Steven Kramer, Section. In her new role, she serves in the Front Office as Sarah Licht, Gregg Malawer, the senior-most career civil antitrust attorney, with Anthony Mariano, Bennett responsibility over all civil merger and conduct Matelson, Mark Merva, Lily investigations and litigation. Kathy O’Neill Okamuro, John Read, Kate Riggs, Senior Director of Favorite part of the new role: “In my time at the Lauren Riker, Ethan Stevenson, Investigations and Division, I’ve had the good fortune to work on a wide Paul Torzilli, Jeffery Vernon, Litigation variety of matters and issues and to serve as the Chief of Mimi Vishio, Rachel Zwolinski a terrific and very busy section. In my new role, I am really enjoying getting to bring New York Office that experience to bear across the full portfolio of civil case work. I’m also enjoying working with a broader set of folks. I love working with people who care deeply Chief Joseph Muoio, Assistant about the mission, who enjoy grappling with challenging legal issues and working up Chief Eyitayo (Tee) O. St. the cases. The Division is full of people like that and now I get to work with even Matthew Daniel*, Assistant more of them.” Chief Carrie Syme* Staff Attorneys: Philip D. Best professional advice you’ve received: “Two great pieces of advice: #1. Hard Andriole, Bryan Bughman, work pays off—this is a lesson instilled by my parents that has become central to my Katherine Calle, Mary Anne personal ethos. #2. It’s all about the people—if you enjoy the people you work with Carnival, Helen Christodoulou, and care about what you do for a living, it makes all the difference.” Milosz Gudzowski, Paola Henry, Eric Hoffmann, Kathryn Kushner, Women Making History Ann Lucas, Christopher Maietta, During Women’s History Month last year, the Division honored the role of women in Rebecca Meiklejohn, Stephanie antitrust leadership by formally dedicating the Anne K. Bingaman Auditorium & Raney, Bryan Serino, Steven Lecture Hall at the Department of Justice’s Liberty Square Building. Anne Bingaman Tugander was the first female Assistant Attorney General (AAG) for the Antitrust Division, serving from 1993 to 1996 after being appointed by President Clinton. The Office of Civil Operations dedication of the auditorium recognizes Bingaman’s many contributions to Chief Amy Fitzpatrick protecting competition on behalf of American consumers. During her tenure, the Counsel for Civil Operations: Division investigated Microsoft’s monopolization of PC operating systems and Soyoung (Jenny) Choe, Tracy charged 24 major NASDAQ securities firms with fixing transaction costs for Fisher investors. We are grateful for Bingaman’s reinvigoration of the Division’s
13 U.S. Department of Justice Office of the Chief Legal Advisor Antitrust Division Update 2020 Chief Dorothy Fountain, Deputy Chief Mark Niefer, Deputy Chief Sarah Oldfield enforcement efforts, as well as her inspiration to future generations of female Staff Attorneys: Nina Hale, antitrust attorneys. Kenneth Hendricks, Evan This year, the Division had planned to celebrate the one-year anniversary of the Perlman, Hillary Snyder dedication of the Anne K. Bingaman Auditorium & Lecture Hall by hosting a San Francisco Office Women’s History Month celebration at the Hall in March 2020. Although we were Chief Manish Kumar, Assistant unable to host the event due to the COVID-19 pandemic, it would have been a Chief Jacklin Lem, Assistant wonderful chance to celebrate the promotion of our many women leaders into Chief Leslie Wulff* management roles this year. We are proud to announce the following promotions Senior Litigation Counsel for or additions since April 2019: Criminal Enforcement: Mikal Office of the AAG: Elyse Dorsey (Counsel to the AAG), Kristina Srica (Counsel to the Condon AAG), Cecilia Cheng (Rill Fellow); Office of Civil Operations: Amy R. Fitzpatrick Staff Attorneys: Zachary (Chief); Competition Policy and Advocacy: Karina B. Lubell (Assistant Chief); Defense, Abrahamson, Christopher Industrials, and Aerospace: Katrina Rouse (Chief); Economic Policy: Aditi Mehta Carlberg, Pam Cole, Jeremy (Chief); Healthcare and Consumer Products: Jill Maguire (Assistant Chief); New York Goldstein, Thomas Greene, Office: Eyitayo (Tee) O. St. Matthew Daniel (Assistant Chief), Carrie Syme (Assistant Jennifer Hane, Philander Huynh, Chief); San Francisco Office: Leslie Wulff (Assistant Chief), Mikal Condon (Senior Paradi Javandel, Elizabeth Litigation Counsel for Criminal Enforcement); Transportation, Energy, and Jensen, Andrew Mast, Nolan Agriculture: Katherine Celeste (Assistant Chief), Patricia Corcoran (Assistant Chief). Mayther, Arshia Najafi, Howard Parker, Michael Rabkin, Ken Spotlight: Women Leaders in Sabre Sakurabayashi, Albert Sambat, Andrew Schupanitz, Alexandra In August 2019, the Antitrust Division the transaction in April 2020 and the Shepard, Anne Veldhuis sued to block Sabre’s $360 million parties abandoned the transaction in acquisition of Farelogix, alleging the May 2020. The Division has since Technology and Financial acquisition would eliminate a disruptive moved to vacate the district court’s Services Section competitor from the market for airline decision granting judgment to booking services, which allow airlines to defendants. Chief Aaron Hoag, Assistant process orders from travel agencies. Chief Danielle Hauck, Assistant Throughout the eight-day trial, the The Division argued the acquisition Chief Adam Severt Division benefited from the excellent would eliminate competition from Staff Attorneys: Paul Andrew lawyering of the trial team, including Farelogix, an innovative firm whose Allulis, Brendan Ballou-Kelley, several women who held key roles. This unique approach challenged Sabre’s Sarah Bartels, Bindi Bhagat, paralleled the contributions of women longstanding position as the leading Michael Eric Blaisdell, Samuel leaders during the investigation. provider of booking services in the Blesi, Janet Brody, Kent Brown, Jessica Butler-Arkow, Sean Kevin United States. Despite its small market Julie Elmer (Attorney, TFS), the Carman, Travis Chapman, Nick share, Farelogix presents an important litigation lead, delivered the Division’s Cheolas, Alex Cohen, Aaron alternative for airlines, allowing them to opening statement, speaking for nearly Comenetz, Vittorio Cottafavi, negotiate better terms. For consumers thirty minutes to a courtroom packed Erin Craig, Milly Dick, Christopher who travel, Farelogix’s next-generation with members of the antitrust bar and Dodge, Julie Elmer, Gary Daniel booking services enhance choice and members of the press. No stranger to Feldon, David A. Geiger, Richard otherwise improve the travel the role, Sabre marks Elmer’s second Cameron Gower, Leah Graham, experience. Although the District Court effort leading a trial team at the Daniel Guarnera, Adrienne Hahn, of Delaware ultimately denied the Division, following the 2017 trial in Karl Herrmann, Ian Hoffman, Division’s request for injunctive relief, United States v. Energy Solutions, where John Hogan, Ryan Karr, Ihan Kim, the U.K. Competition and Markets she led the successful challenge to the Authority issued a statement blocking John Lindermuth, Alisa Mastro,
14 U.S. Department of Justice Michael McLellan, Richard Antitrust Division Update 2020 Mosier, George C. Nierlich, III, Daniel Anthony Principato, Sophia Siddiqui, Patricia Sindel, merger of two radioactive waste Tasked with outlining the background of Chinita Sinkler, Christine disposal firms. airline booking services and illustrating Sommer, Ryan Struve, David how consumers have benefitted from Teslicko, Jr., Jennifer Wamsley, After serving as the investigative lead competition between Sabre and Michael Wolin, Catharine Wright for the case, Rachel Flipse (Attorney, Farelogix, Celeste set the tone on the TEA) took on another key role during first day of trial by methodically eliciting Telecommunications and the trial by questioning an executive helpful testimony for the Division’s Broadband Section from United Airlines. Her deep case. Chief Scott Scheele, Assistant knowledge of the case was reflected in Chief Matthew Hammond*, deft questioning that continued during Finally, (Acting Paralegal Diamond Trinh Assistant Chief Jared Hughes Supervisor, TEA), led the outstanding her redirect examination. As part of Staff Attorneys: Zeynep (Elif) leading the months-long investigation, paralegal group that supported the Aksoy, Dylan Carson, Maureen action in the courtroom. Without her Flipse logged countless miles preparing Casey, Alvin Chu, Marisa Dieken, the Division’s case, which involved troubleshooting and pragmatic Robert Draba, Elizabeth Gudis, approach to problem solving, the trial cultivating third-party witnesses and Matthew Jones, Jack O’Gorman, serving as the Division’s point of contact would not have proceeded nearly as Scott Reiter, Deborah Roy, Curtis smoothly. with the U.K. Competition and Markets Strong, Carl Willner, Frederick Authority. The Division commends the entire trial Young Katie Celeste (Ass’t Chief, TEA) team and these women for their presented another customer witness, exceptional work in this important case. Transportation, Energy, and an executive from American Airlines. Agriculture Section Chief Robert Lepore*, Assistant Inaugural James F. Rill Fellowship Award Chief Katherine Celeste*, Assistant Chief Patricia The Division is proud to announce that Cecilia Cheng Corcoran* has joined us this fall in the Office of the Assistant Staff Attorneys: Benjamin Able, Attorney General as the inaugural James F. Rill fellow. Don Amlin, Grant Bermann, The Rill Fellowship was established in honor of James F. Michele Cano, Barbara Cash, Rill, who served as Assistant Attorney General for the Tracey Chambers, Richard Antitrust Division from 1989-1992. Doidge, Jeremy Evans, Rachel Cecilia joins the Division following her clerkship with Flipse, Brian Hanna, John Holler, the Honorable Douglas H. Ginsburg of the U.S. Court of Amanda Klovers, Michelle Appeals for the D.C. Circuit. In this one-year assignment Livingston, William Martin, Chan Mazumdar, Sarah McDonough, in the Front Office, she has gained broad exposure to Cecilia Cheng Mark Meador, Michael Nash, Jill the priorities of the Antitrust Division and acted in a James F. Rill Fellow counsel capacity for several projects, especially related Ptacek, Scott Westrich, Seth to the international program. In addition to serving as an attorney-advisor, Cecilia Wiener has made important contributions to the Division’s litigation and advocacy efforts, Washington Criminal I Section including preparing amicus briefs and motions for our civil cases. Cecilia is a graduate of Yale Law School and earned her bachelor’s degree in economics and Chief Ryan Danks, Assistant legal studies from the University of California, Berkeley. Cecilia was also a 2016 Chief Emma Burnham, Assistant summer intern in the Division’s San Francisco office. Chief Kevin Hart Staff Attorneys: George Baranko, Candidacy for the Rill Fellowship is open to all eligible Attorney General’s Honors Lauren Elfner, John Elias, Danielle Program applicants. The Fellowship is designed to provide elite Honors Program Garten, Richard Hellings, Yusong candidates with a special opportunity to participate in antitrust enforcement actions Huang, Jason Jones, Diana Kane, and in the development and implementation of antitrust policy. It begins with a
15 U.S. Department of Justice Matthew Lunder, Justin Murphy, Antitrust Division Update 2020 Carsten Reichel, Jariel Rendell, Tara Shinnick, Carolyn Sweeney, Matthew Tannenbaum, Zachary one-year assignment in the Office of the Assistant Attorney General, after which the Trotter Fellow may choose two additional six-month assignments in one of the Antitrust Division’s sections. Washington Criminal II Section Chief James Fredricks, Assistant Diversity in the Division Chief Mark Grundvig, Assistant This year marks the tenth anniversary Chief Megan Lewis of the Antitrust Division’s Diversity Staff Attorneys: Christina Brown, Committee, which continues to be a Patrick Brown, Laura Butte, leader in the Division and the Heather Call, Patrick Hallagan, Department of Justice on diversity and Michael Koenig, Daniel Lipton, inclusion efforts. The Diversity Julia Maloney, James Ryan, Committee brings together Division Matthew Stegman, Katherine employees from a variety of sections Stella, William Vigen and offices to promote diversity and inclusion initiatives. Its work stems from five subcommittees: Disability;
Management Culture, Retention, and Director’s Cut Training (MCRT); Outreach; Support Staff; and a newly created Women’s L-R: Matthew Hammond (Ass’t Chief, The Antitrust Division continues Telecommunications and Broadband Section), Subcommittee. to review legacy antitrust AAG Makan Delrahim, former U.S. Treasurer judgments to determine Anna Escobedo Cabral, and Michelle Rindone In the past year, the Diversity potential candidates for (Ass’t Chief, International Section). Hammond Committee organized two diversity and Rindone served as Co-Chairs of the termination. This initiative celebrations featuring former FTC Diversity Committee this past year. Not recognizes that some consent Chairwoman Edith Ramirez and former pictured: Tee St. Matthew-Daniel (Ass’t Chief, decrees reflect an outdated view U.S. Treasurer Anna Escobedo Cabral. New York Office), who rotated in as a Co-Chair of the economic realities in earlier this spring. These celebrations recognized the dynamic industries, and may no tireless work of the Diversity the foremost authorities in the world longer serve their original Committee and highlighted the on mood disorders, such as depression purpose of protecting experience of the speakers to illustrate and bipolar disorder, and also happens competition. the Division’s strong commitment to to have bipolar disorder herself. This diversity and inclusion. was the first time that the Series The Paramount Decrees featured a non-lawyer, as well as the Seven major film studios of the The Diversity Committee also invited first time it highlighted the important 1930s and 1940s conspired to Dr. Kay Redfield Jamison, Co-Director of dialogue on mental health. control the distribution and the Mood Disorders Center and exhibition markets for first-run The new Women’s Subcommittee professor at Johns Hopkins University, films. Following a decade of worked closely with the Division’s to speak as part of the Division’s litigation and a 1948 Supreme Career Development Working Group “Disability and Inclusion Speaker Court decision, the so-called and Executive Office to encourage the Series.” This award-winning Series, Paramount decrees regulated reimbursement of breast milk express recognized by the Attorney General in anticompetitive practices like shipping costs for nursing mothers on 2018 with the Department’s Award for block booking, circuit dealing, official travel and to finalize an Equal Employment Opportunity, resale price maintenance of “Expecting and New Parent Q&A.” features prominent individuals in an movie tickets, and over-broad These important efforts complement effort to increase awareness of film clearance. After a thorough the National Defense Authorization Act attitudinal barriers that impact people investigation and a public with disabilities. Dr. Jamison is one of of 2019, which provides 12 weeks of
16 U.S. Department of Justice comment period, the Antitrust Antitrust Division Update 2020 Division moved for termination of the 70+ year-old decrees in November 2019 because they have served their original purposes and no longer promote or protect competition and innovation in an industry that has faced fundamental economic changes. The motion remains pending in the Southern District of New York.
ASCAP/BMI Similarly, the Antitrust Division continues its review of the 75+ year-old ASCAP/BMI decrees regarding public performance The Paralegal Flash Mentoring Program provided critical connections and career counseling for Division music licensing. The decrees paralegals. were entered to address paid parental leave for federal Finally, the Diversity Committee competitive concerns arising employees. coordinates the Division’s participation from the market power each in the Department-wide Diversity and organization acquired through The Diversity Committee also Inclusion Dialogue Program (DIDP). In the aggregation of public reinvigorated its outreach and retention existence since 2014, DIDP facilitates a performance rights held by efforts by conducting a Paralegal Flash six-month long dialogue about diversity member songwriters and music Mentoring Program, and organizing amongst small groups of Department publishers. The Division’s review, “Intern Day,” which brought together employees and provides tools to which began in June 2019, will all Division summer interns (including promote a more inclusive workplace. determine whether the decrees from the Division’s three field offices) Eighteen Antitrust Division employees should be maintained in their on a single day in Washington, D.C. to participated in DIDP this year, with current form, modified, or meet with the Front Office and three serving as DIDP facilitators. terminated. The Antitrust employees from other parts of the Division received numerous Division, as well as to attend a Find more information about the suggestions during the public Department career fair. Division’s Diversity Committee on the comment period and it continues Diversity page on our website. to engage with interested parties to determine the proper result. Civil Program Update Live Nation/Ticketmaster ‘Class Is Now in Session’: Protecting Competition in Higher In 2019, the Antitrust Division Education determined Live Nation and Ticketmaster were not living up In 2019, matters involving competition to the terms of their 2010 in higher education played an consent decree with the important role in the Division’s Antitrust Division, which enforcement and competition advocacy Photo credit: Lincoln Beddoe/iStock/Getty Images Plus specified conditions for their work. merger. In light of the parties’ College Admission Counseling (NACAC) conduct, the Antitrust Division On December 12, the Division established and enforced illegal moved, with the agreement of announced a civil antitrust lawsuit and restraints on the ways that colleges Live Nation, to extend and simultaneous consent decree alleging compete in the recruiting of students. modify the decree in December that the National Association for NACAC is the leading trade association
17 U.S. Department of Justice 2019. Under the terms of the Antitrust Division Update 2020 agreed modification, the decree will continue for five and a half more years, clarify prohibited related to the college admissions regulates how its college members practices such as retaliating or process. Its members include nonprofit conduct their admissions process. The threatening venues for not using colleges and universities and their trade association also is further Ticketmaster, and also provide admissions staff, as well as high schools restrained from establishing or for easier detections of violations and their counselors. enforcing any similar rules in the future, through terms such as adding a and has agreed to increase its antitrust monitor to police conduct. The Division’s complaint challenged compliance training with employees NACAC rules that (i) prevented colleges and members. As a result of the from affirmatively recruiting potential Division concerns, NACAC members transfer students from other schools; voted to remove the rules at their The Antitrust Division has also (ii) forbade colleges from offering Annual Meeting in September 2019. A filed statements of interest in incentives, financial or otherwise, to federal district court entered final matters involving the Early Decision applicants; and (iii) judgment against NACAC on April 17, entertainment industry this past limited the ability of colleges to recruit 2020. year. incoming first-year students after May 1. The Division alleged that the rules Decisions about whether and where to WME v. Writer’s Guild were not reasonably necessary to any pursue higher education are among the In November 2019, the Division separate, legitimate procompetitive most important that American families filed a statement of interest in collaboration between NACAC undertake. The NACAC enforcement William Morris Endeavor members. action underscored not only the value Entertainment, LLC v. Writers of competition in higher education, but Guild of America, West, Inc., a The final judgment required NACAC to also that the antitrust laws must be suit between two talent agencies remove the three anticompetitive rules enforced vigorously with respect to and two screenwriters’ unions, from its Code of Ethics and Professional trade associations and standards urging the court to reject the Practices (CEPP), which broadly development organizations. defendants’ argument that they could apply the labor exemptions from the antitrust laws at the Protecting American Workers pleading stage of this case. The Public Workshop on Competition in experience.” In this spirit, the workshop Division argued development of the factual record was necessary Labor Markets featured a presentation on the economics of labor markets delivered to ensure both that the federal On September 23, 2019, economists, jointly by Professor Ioana Marinescu of antitrust laws and the labor lawyers, academics and other experts the University of Pennsylvania’s School exemptions from those laws from government, universities, labor of Social Policy & Practice and Professor were afforded their proper unions, advocacy groups, and the Elena Prager of Northwestern scope, and that the fundamental, private sector convened for a public University’s Kellogg School of national values protecting workshop organized by the Division on Management. The workshop’s three competition that the federal the role of antitrust enforcement in panels explored market definition, how antitrust laws embody were not labor markets and promoting robust antitrust enforcers should assess improperly displaced. The court competition for the American worker. restraints on worker mobility, including ultimately denied defendants’ Assistant Attorney General Makan restraints that arise within franchise motion to dismiss or, in the Delrahim opened the workshop by systems and for workers in the “gig” alternative, motion for judgment noting that workshops afford “the economy, and developments in case on the pleadings. opportunity to have a candid law and public policy regarding GMR v. RMLC substantive dialogue with stakeholders statutory and non-statutory labor and thought leaders to ensure that we exemptions from the antitrust laws for The Division submitted a have the benefit of their expertise and collective bargaining and other union statement of interest in activity. Between the morning and
18 U.S. Department of Justice December 2019 in Global Music Antitrust Division Update 2020 Rights, LLC v. Radio Music License Committee, Inc., to address allegations of a buyers’ cartel relating to public-performance licenses for radio stations. The Division explained that buyers’ cartels, while arising less frequently in antitrust case law than sellers’ cartels, can be just as pernicious and harmful to competition and consumers. The Division also articulated the requirements for successfully alleging unlawful price fixing. The district court ultimately denied RMLC’s motion for judgment on
the pleadings, holding GMR had During Antitrust Division’s Public Workshop on Competition in Labor Markets, a moderated panel explored recent developments in case law and economic literature on how to assess sufficiently alleged an unlawful restraints on worker mobility. From L-R: Karina Lubell (Attorney, Competition Policy and buyers’ cartel. Advocacy Section), Randy Stutz (American Antitrust Institute), Samuel Weglein (Analysis Group), Marshall Steinbaum (Ass’t Professor, University of Utah), Rahul Rao (Ass’t Attorney General, Washington State Attorney General), Rachel Brass (Gibson, Dunn & Crutcher LLP), Darrell Johnson (FranDATA), Doha Mekki (Counsel to the Ass’t Attorney General). afternoon sessions of the day-long action challenging a no-poach Although the case settled shortly event, Ramogi Huma, Executive agreement for medical faculty after the March hearing, the Division Director of the National College between Duke University and the successfully intervened in the Players Association, delivered University of North Carolina. The litigation for the purpose of remarks on competition in college Division addressed the standard for enforcing the injunctive relief athletics. judging the legality of alleged no- provisions of the settlement, which poach agreements under Section 1 of bars unlawful no-poach agreements. Medical School Faculty No-Poach the Sherman Act. In its brief and at This action allowed the Division to Case oral argument on March 12, 2019, assist in providing crucial protections In March 2019, the Division filed a the Division argued that a naked no- to medical faculty without incurring statement of interest in Seaman v. poach agreement is a per se unlawful the significant taxpayer resources Duke University, a private class allocation agreement in a labor that conducting its own, duplicative market. litigation would have entailed. Emphasizing Structural Remedies between BB&T Corporation and Division staff concluded that the SunTrust Banks Inc. would have relevant antitrust market was substantially lessened competition in narrower than the banking markets Photo credit: ultramarine5/iStock/Getty Images Plus 7 markets for retail banking and/or defined by the banking regulators, small business banking. The which underscored the need for a BB&T/SunTrust Division’s staff undertook a lengthy robust remedy. In November 2019, the Division review of banking patterns and Ultimately, the Antitrust Division negotiated the largest divestiture in a closely analyzed the relevant negotiated the divestiture of 28 banking merger in over a decade. As geographic markets in order to reach branches in 3 different states with originally proposed, the merger this conclusion. In several cases, approximately $2.3 billion in
19 U.S. Department of Justice Antitrust Division Update 2020
deposits. This remedy ensures that The remedy preserves competition judge in New York came to a similar consumers and small businesses by facilitating Dish’s entry as a fourth conclusion following a two-week retain competitive options for their facilities-based wireless carrier in trial, relying in part on the fact that banking and lending needs. The three primary ways. First, the the Antitrust Division’s settlement divested branches will join the merging parties divested would be effective in remedying existing First Horizon network in the substantially all of Sprint’s prepaid potential harm to competition region. First Horizon is a Tennessee- assets—including the Boost Mobile, stemming from the merger. based bank that has been expanding Virgin Mobile, and Sprint prepaid in recent years and that has businesses. Sprint will also transfer experience serving both urban and 800 MHz low-band spectrum to Dish rural communities. This structural to facilitate Dish’s network buildout. Photo credit: PhonlamaiPhoto/iStock/Getty Images Plus remedy will protect competition Second, the remedy gives Dish an while leaving the merged firm option to buy all or some of New T- Novelis/Aleris unencumbered by ongoing Division Mobile’s decommissioned towers On Sept. 4, 2019, the Antitrust regulation and free to focus on the (minimum of 20,000) and retail Division filed a civil antitrust lawsuit investments in innovation and stores (minimum of 400). Finally, the in the U.S. District Court for the technology that this merger is remedy included a transitional Northern District of Ohio seeking to expected to foster. agreement giving Dish immediate block Novelis Inc.’s proposed access to New T-Mobile’s network acquisition of Aleris Corporation. The while allowing Dish to build out its lawsuit sought to preserve own network. The pricing on this competition in the North American Photo credit: leah613/iStock/Getty Images Plus deal is favorable enough to permit market for rolled aluminum sheet for Dish to serve as an immediate automotive applications, commonly T-Mobile/Sprint competitive constraint on New T- referred to as aluminum auto body The T-Mobile/Sprint combination Mobile, but will preserve Dish’s sheet. was one of the biggest mergers in incentive to transition subscribers 2019, and with it the Antitrust onto its own network as quickly as Prior to filing the complaint, the Division achieved one of the most possible. Division reached an agreement with significant structural settlements of defendants to refer the matter to With ample unused spectrum and a the year. After conducting an binding arbitration if the parties history as a disruptive, innovative extensive investigation into the were unable to resolve the United entrant, Dish is uniquely positioned transaction, the Antitrust Division States’ competitive concerns with to take advantage of this remedy and ten state attorneys general the defendants’ transaction within a package and accelerate its entry as a determined that the T-Mobile/Sprint certain period of time. Fact discovery fourth facilities-based mobile merger, as remedied with significant proceeded under the supervision of wireless competitor. divestitures to Dish, was likely to the district court. Pursuant to the expand output significantly by Two federal courts have now arbitration agreement, following the ensuring that large amounts of endorsed the Division’s and FCC’s close of fact discovery, the matter currently unused and underused view that this transaction, as was referred to binding arbitration to spectrum are made available to remedied, is likely to have resolve the issue of product market American consumers in the form of substantial benefits for consumers. definition. A ten-day arbitration high-quality 5G networks. The Earlier this year, after multiple hearing concluded in early March, Division’s and partner state AGs’ rounds of public comment, a federal marking the first time the Antitrust remedy complements conditions judge in D.C. determined that the Division has used its authority under agreed to by T-Mobile and the FCC. Division’s remedy was in the public the Administrative Dispute interest and entered final judgment. Resolution Act of 1996 (5 U.S.C. § In a separate proceeding, a federal 571 et seq.) to resolve a matter.
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Kevin Arquit, an experienced Technologies Corporation (UTC) and by refusing to supply a solution antitrust lawyer and former Director Raytheon Company (Raytheon), two unless a party also accepted the of the Federal Trade Commission’s of the primary suppliers of certain merged firm’s inputs into that Bureau of Competition, served as the military systems and components to solution. The divestiture of UTC’s arbitrator in this matter. the Department of Defense (DoD). To optical systems business resolved address vertical and horizontal these concerns, representing a On March 9, 2020 the arbitrator antitrust concerns, the parties victory for competition in this ruled for the United States, holding agreed to divest three separate important industry. that aluminum auto body sheet business units: Raytheon’s military constitutes a relevant product airborne radios business, UTC’s market, as the United States had military global positioning systems alleged. Because the Department business, and UTC’s large space- prevailed, the United States filed a Photo credit: FabrikaCr/iStock/Getty Images Plus based optical systems business. proposed final judgment with the Quad/Graphics and LSC U.S. District Court for the Northern The settlement protects American District of Ohio that requires Novelis taxpayers by preserving competition In June 2019, the Antitrust Division to divest Aleris’s entire aluminum for critical military and defense sought an injunction against the ABS operations in North America to products. The settlement also merger of Quad/Graphics and LSC preserve competition in the relevant highlights the Division’s commitment Communications. The team’s market. This arbitration procedure to seeking structural remedies, even investigation uncovered evidence provided certainty and efficiency, for vertical concerns. Raytheon and that the merger of the two and allowed the defendants to close UTC are among the few firms capable companies—significant providers of their transaction subject to foreign of producing several components for magazine, catalog, and book printing regulatory review. certain reconnaissance satellites, services—would deny publishers and which provide DoD and U.S. retailers throughout the country the intelligence community customers benefits of competition, including with essential information. As lower prices and greater availability originally proposed, the combination of printed products. Rather than Photo credit: Stocktrek Images of UTC and Raytheon would have continue with litigation, the parties UTC/Raytheon created the incentive and ability for abandoned the merger a month after the merged firm to harm the Division filed suit. The result is a In March 2020, the Antitrust Division competition for certain victory for American consumers secured important divestitures in the reconnaissance satellites by denying relying on competition between the merger between United essential inputs to its competitors or two companies. Increasing Transparency
Vertical Merger Guidelines then, the 1984 Non-Horizontal functions of the guidelines: to Update Merger Guidelines had remained the provide transparency into current only formal statement of policies. On January 10, 2020, the Antitrust enforcement priorities on vertical The Antitrust Division and the FTC Division withdrew the 1984 DOJ Non- mergers, but they no longer reflected therefore worked closely to ensure Horizontal Merger Guidelines, and, updated economic thinking and the the 2020 Draft Guidelines reflect the jointly with the Federal Trade most recent experience by agencies agencies’ significant experience Commission (FTC), released a new and by courts. Accordingly, the 1984 analyzing vertical mergers, as well as draft 2020 Vertical Merger Non-Horizontal Merger Guidelines more recent case law and economic Guidelines (Draft Guidelines). Until were unable to meet one of the main
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developments. The Draft Guidelines Applying a Standard to Standard role that an innovative new are intended to assist the business Setting technology—the embedded SIM community and antitrust (eSIM)—could play in encouraging practitioners by providing greater In 2019, the Antitrust Division disruptive competition in the market transparency into the agencies’ clarified its approach to coordinated for mobile wireless service. current enforcement and conduct within standards By adopting changes to its standard- investigative practices. development organizations. A business review letter dealing with setting procedures before After an extended comment period, the mobile wireless industry’s eSIMs promulgating a new design standard the agencies received 70 unique standard and a consent decree for an interoperable eSIM, the GSMA comments from a diverse group of related to college admissions reduced the risk of an voices, including a group of 26 state practices both demonstrated that anticompetitive outcome. As AAG attorneys general and the Federal competitors who work together to Delrahim highlighted at the time: Communications Commission’s set industry-wide rules for how “The new procedures . . . should Office of Economics and Analytics. To goods or services are delivered must result in new innovative offerings for facilitate public dialogue on the Draft be careful to ensure that those rules consumers.” Guidelines, the Antitrust Division do not favor the interests of industry The Antitrust Division’s commitment hosted a half-day public workshop on incumbents over consumers. to enforcing the antitrust laws with March 11, which involved a welcome respect to trade associations and address by Assistant Attorney Specifically, the Division issued a standards development General Makan Delrahim and business review letter in November organizations is further underscored opening remarks by FTC 2019 to the GSM Association by a consent decree with the Commissioner Christine Wilson, as (GSMA), a trade association for National Association for College well as two panels covering a range mobile network operators. The letter Admission Counseling (NACAC) in of theoretical and practical topics on memorialized changes that the December 2019. As discussed further vertical mergers. The Division and GSMA planned to adopt after the on page 17 above, NACAC the FTC staff are currently working Division’s two-year investigation into established and enforced illegal on synthesizing the content from the its standard-setting activities. It restraints on the ways colleges written comments and the detailed problems with the GSMA’s compete to recruit students. Among workshop. past procedures for promulgating standards, including the outsized other requirements, the Division’s The Antitrust Division remains influence that incumbent mobile consent decree and the court’s final committed to finalizing the Draft network operators had in placing judgment required NACAC to remove Guidelines this summer. technical requirements on the design three anticompetitive rules from its of devices like smartphones and Code of Ethics and Professional smartwatches. Those design Practices. limitations ran the risk of limiting the
Criminal Program Update
The PCSF On November 5, 2019, the antitrust violations and related Department announced the crimes at the federal, state, and local Procurement Collusion Strike Force, levels. Prosecutors from the an interagency partnership that is Division’s five criminal offices and 13 leading a national effort to protect U.S. Attorneys’ Offices have taxpayer-funded projects from partnered with agents from the FBI
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and four federal Offices of Inspector overwhelmingly positive response investigators, data scientists, and General, including the U.S. Postal from all corners of the procurement procurement officials Service and Department of Defense, world. In particular: representing nearly 500 federal, to conduct outreach and training for state, and local agencies. • Over 50 of federal, state, and procurement officials and • The PCSF website’s reporting local government agencies have government contractors on antitrust portal has also received already reached out to the PCSF risks in the procurement process. numerous citizen complaints of seeking outreach training, These district-focused teams of possible illegal conduct for assistance with safeguarding prosecutors and agents will also potential investigation. their procurement processes, work together to jointly investigate • and opportunities to work with We already have opened several and prosecute procurement-related the PCSF on investigations. grand jury investigations in criminal cases. connection with the PCSF. • Indeed, the PCSF’s attorneys had • In addition, there has been Since its November 2019 launch, already led over 30 in-person significant public attention given initially under the leadership of outreach presentations in 13 to the PCSF’s formation in the Director William Sloan, on detail to states and D.C. before the March news media and the antitrust the Antitrust Division from PCSF- 2020 Presidential declaration of and public contract law bars, partner, the U.S. Attorney’s Office for a national emergency for COVID- which we anticipate will help the Eastern District of Michigan, and 19. Since then, the PCSF has led achieve the PCSF’s goal of now under the leadership of current over a dozen interactive virtual deterring illegal conduct in the Acting Director Tee St. Matthew- training programs for first instance. Daniel, the PCSF has generated an approximately 2,000 criminal
FAQs: The PCSF In addition, rush or emergency billion, or about 40% of all projects arise in government discretionary spending, on contracts Question: Why was the PCSF created? procurement, such as disaster-relief for goods and services. The sheer Answer: When competitors collude projects, and the exigency creates monetary value of government and conspire to rig bids, fix prices, or opportunities to cheat. Indeed, that is projects presents an enticing allocate markets they distort the free one of the many reasons why the PCSF opportunity for greed to prevail over market and harm customers with high is on high alert amid the COVID-19 ethical conduct. Based on an OECD prices and lower quality goods and pandemic. estimate that eliminating bid rigging services. The problem is particularly could help reduce procurement costs Second, the large volume and variety acute in the area of public by 20% or more, reducing illegal and of goods and services contracted by procurement, where the customer is anticompetitive collusion in the government creates monitoring the government and American procurement could save U.S. difficulties. Given the growth in taxpayers foot the bill for artificially taxpayers tens of billions of dollars government spending over time, it is high prices. per year. difficult for audit and investigation Question: Does the nature of public resources within agencies to keep Question: How is the PCSF different procurement make it particularly pace with the spending at the federal, from the Division’s prior efforts? vulnerable to collusion? state, and local levels. Answer: The Division has significant Answer: Yes, for three reasons. Finally, public procurement involves experience prosecuting violations large sums of federal money. Roughly relating to government procurement First, there are often relatively few one out of every 10 dollars of federal going back decades. Today, more than qualified sellers for a given project, spending is allocated to government one third of the Antitrust Division’s given that government agencies often contracting. In 2018, the federal 100-plus grand jury investigations require specialized goods and services. government spent more than $550 relate to public procurement or
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otherwise involve the government as a Answer: The PCSF’s decentralized, contractors, trade associations, and victim of criminal conduct. What district-based structure has a number grant recipients. Additionally, the separates the PCSF from the Division’s of advantages. Among them, each PCSF’s district teams have also prior efforts, however, is that it district team of prosecutors and welcomed the participation of harnesses the combined capacity and agents can target their outreach additional in-district working partners. expertise of its members. efforts to reach the relevant entities In fact, several of our district teams on both the buy-side and sell-side of have more than 10 working partners. Question: What are the advantages of government procurement in that a district-based strike force model? district, from government agencies to
Completed Trials The Division’s two most recent Aiyer and his co-conspirators those three years, Bumble Bee alone criminal trials culminated in guilty engaged in near-daily sold over a billion dollars of canned verdicts returned over a two-week communications to coordinate tuna. The evidence at trial focused span last fall. On November 20, a jury trades and collude to protect each both on Lischewski’s direct in the Southern District of New York other’s trading positions. communications with competitors, found Akshay Aiyer—a former but also his authorization and Aiyer’s guilty verdict is just the most currency trader—guilty of fixing supervision of subordinates’ recent example of the Division’s prices and rigging bids in the global collusion. During the four-week trial, longstanding commitment to foreign currency exchange market. jurors also heard evidence that safeguarding the global financial On December 3, a jury in the Lischewski and his co-conspirators markets from collusion. The trial Northern District of California found employed measures to conceal the team worked to distill sophisticated Christopher Lischewski—the former conspiracy, including meeting at conduct in a complex financial CEO and President of Bumble Bee offsite locations and using third-party market into an understandable set of Foods—guilty of fixing prices for email addresses. In June, Lischewski facts for a layperson jury. Indeed, as canned tuna. Both trials resulted in was sentenced to serve 40 months in Aiyer’s indictment, trial, and guilty guilty verdicts that held executives prison and pay a $100,000 criminal verdict show, complex markets are accountable for collusion that fine. not an obstacle to aggressive cheated consumers and distorted antitrust enforcement. Aiyer awaits Lischewski’s guilty verdict followed a important food and financial sentencing in the Southern District of nearly year-long litigation with his markets. New York. co-conspirator, StarKist Co., over its ability to pay a $100 million statutory maximum fine. In September 2019, the district court found that StarKist
had not met its burden to prove its Photo credit: Trexdigital/iStock/Thinkstock Photo credit: digicomphoto/iStock/Thinkstock financial circumstances justified a United States v. Akshay Aiyer United States v. Christopher lower fine, and ordered StarKist to A trial team composed of attorneys Lischewski pay a $100 million criminal fine. In from the Division’s New York Office A team from the Division’s San addition to StarKist and Lischewski, and Washington Criminal I Section Francisco Office prosecuted three individuals and one prosecuted Aiyer. In the Aiyer case, Lischewski, the former CEO and corporation pleaded guilty in the the conduct involved a multi-year President of Bumble Bee Foods, LLC. investigation. Lischewski’s guilty conspiracy to fix prices and rig bids in He was charged with participating in verdict and the guilty pleas obtained the global foreign currency exchange a just over three-year conspiracy to in the investigation are a testament market. Among the evidence fix prices of canned tuna. During to the Division’s commitment to presented at trial, the jury heard that
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holding high-level executives There is more litigation on the involving broiler chickens, generic accountable and rooting out horizon for the Division’s prosecutors drugs, online auctions of surplus collusion affecting household staples with upcoming trials in courts in government equipment, and real- like canned tuna. Denver, Philadelphia, Minneapolis, estate foreclosure auctions. and Sacramento on antitrust charges
Generic Drugs The Division’s ongoing generic drug companies have agreed to pay over investigation targets price-fixing, bid- $220 million in criminal penalties. rigging, and customer-allocation Most recently, in May 2020, Apotex conspiracies in one of the most Corp. resolved criminal charges for Photo credit: Oleh_Kucheriavyi/iStock/Getty Images Plus important industries for the health its role in a conspiracy to fix the and pocketbooks of American Of the four executives, three have price of pravastatin, a widely used consumers. Indeed, nearly 90% of all pleaded guilty and one was indicted. cholesterol medication. Apotex prescriptions in the United States are The three guilty pleas include a entered into a deferred prosecution filled with generic drugs. To date, the former senior Sandoz executive, who agreement (DPA), which requires the investigation has resulted in charges pleaded guilty to conspiring to payment of a $24.1 million criminal against four companies and four allocate customers, rig bids, and fix penalty. In March 2020, Sandoz Inc., executives for schemes affecting prices for generic drugs. The former one of the largest U.S. generic drug critical drugs relied on by vulnerable CEO and former president of manufacturers, resolved criminal and elderly American consumers to Heritage Pharmaceuticals pleaded charges for its role in four treat a range of diseases and chronic guilty to fixing the price of conspiracies to suppress and conditions such as high cholesterol, doxycycline hydrate, an antibiotic, eliminate competition by allocating arthritis, hypertension, seizures, and glyburide, a drug used to treat customers, rigging bids, and fixing various skin conditions, and blood diabetes. In February 2020, a grand prices of generic drugs. To resolve clots. Four companies have resolved jury in Philadelphia indicted a former felony charges, Sandoz entered into charges by deferred prosecution senior executive at a third company a DPA, which requires payment of a agreements, which require an for his role in conspiracies to fix $195 million criminal penalty. The admission of guilt, a criminal penalty, prices, rig bids, and allocate $195 million criminal penalty is the and cooperation in the ongoing customers for generic drugs, and for highest fine or penalty imposed in an investigation. Collectively, the four making a false statement to federal Antitrust Division prosecution of a agents. purely domestic cartel. Florida Oncology In April, the Antitrust Division charge with a deferred prosecution charged Florida Cancer Specialists & agreement (DPA), under which FCS Research Institute LLC (FCS), one of admitted to conspiring to allocate the largest independent oncology treatments for cancer patients and Photo credit: yavdat/iStock/Getty Images Plus groups in the United States, with agreed to pay a $100 million conspiring to allocate medical and criminal penalty—the statutory provisions with its current or former radiation oncology treatments for maximum. Additionally, the DPA oncologists or other employees who, cancer patients in Southwest Florida. requires FCS to waive and refrain during the term of the DPA, open or The Division and FCS resolved the from enforcing any non-compete
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join an oncology practice in in Southwest Florida are afforded the thus limit valuable integrated care Southwest Florida. benefits of competition for life- options available to cancer patients. saving treatments. The conspiracy, FCS has agreed to cooperate fully This charge is the first in the which lasted from as early as 1999 with the Division’s ongoing Division’s ongoing investigation into until at least 2016, allowed FCS and investigation. collusion for oncology treatments, its co-conspirators to insulate and the resolution is an important themselves from competition and step toward ensuring cancer patients Broiler Chickens In early June 2020, four senior President, at a major broiler chicken industry. Rooting out collusion executives were indicted for their producer headquartered in Colorado, affecting household staples, role in a multi-year conspiracy to fix and the President and a member of particularly food products, such as prices and rig bids for broiler the board, as well as a Vice chicken, remains a top priority for chickens sold in the United States. President, at a competing broiler the Division. This indictment also Broilers are chickens raised for chicken producer headquartered in exemplifies the Division’s continued human consumption that are sold to Georgia. commitment to hold individuals, grocers and restaurants. The including current high-ranking These are the first charges filed in executives charged include the executives, accountable for the Division’s ongoing investigation current President and Chief anticompetitive conduct that affects into collusion in the broiler chicken Executive Officer, and a former Vice vital American markets.
International Program Update
The Antitrust Division’s International existing ones. Through both case- continued to encourage effective Program has spent the past year specific cooperation and broader, competition law and policy working with enforcers worldwide to forward-thinking policy initiatives, developments and enforcement build new relationships and deepen the International Program has around the world. Highlights include:
ICN 2020 As a founding member of the competition in the digital economy. agencies that use the ICN network to International Competition Network Like an in-person conference, a address practical competition (ICN), the Division, along with the virtual conference will strive to concerns. Its mission is “to Federal Trade Commission (FTC), was connect competition agency encourage the adoption of superior very excited to host the 2020 ICN representatives, lawyers, academics, standards and procedures in Annual Conference (ICN 2020) in Los and other non-governmental competition policy around the Angeles, California last month. The advisors from around the world to world,” and, for the past two COVID-19 pandemic, however, engage in high-level, thought- decades, ICN has played a critical role continues to disrupt our ability to provoking discussions and projects in establishing global best practices meet in person. As a result, the on competition policy and on substantive and procedural Division, the FTC, and the ICN are enforcement. antitrust issues. These efforts help to currently exploring a virtual format foster healthy competition regimes ICN is comprised of over 130 national for this year’s annual conference worldwide, and to avoid conflicting and multinational competition with a continued focus on outcomes among antitrust enforcers.
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International Case Cooperation The Division’s investigative teams Division’s cooperation with the In another example, the Division continued to cooperate closely with European Commission’s Directorate- worked closely with the UK’s their international counterparts. On General for Competition (DG COMP) Competition and Markets Authority the criminal side, Division staff was extensive and resulted in parallel (CMA) throughout our parallel collaborated with at least 18 divestiture remedies. reviews of the Sabre/Farelogix jurisdictions on cross-border transaction involving airline booking DOJ also coordinated with DG COMP investigations and global cartel services. Discussions with CMA staff for the review and resolution of ZF enforcement. In FY 2019, the Division greatly enhanced our collective Friedrichshafen AG’s proposed cooperated with 12 international understanding of competitive acquisition of WABCO Holdings Inc. counterparts on 24 merger and civil conditions in the two jurisdictions. As Both firms sell equipment used in nonmerger matters. discussed on page 14, the District large commercial trucks and buses in Court of Delaware ultimately denied An example of this cooperation is the both North America and Europe. the Division’s request for injunctive work the Division did with While distinct issues arose in each relief, but the U.K. Competition and enforcement partners around the jurisdiction, the merger presented a Markets Authority issued a world in its investigation of Thales joint competitive concern involving statement blocking the transaction S.A.’s proposed $5.64 billion ZF’s ownership stake in WABCO’s on April 9, 2020 and the parties acquisition of Gemalto N.V. The brake equipment competitor, abandoned the transaction in May proposed merger would have Haldex. Ultimately, after both staffs 2020. The Division has since moved combined close competitors in the confronted ZF, it unilaterally divested to vacate the district court’s decision manufacture and sale of certain the suspect shares. DOJ and the EC granting judgment to defendants. hardware components used in announced resolution of the matter complex encryption solutions to simultaneously. safeguard sensitive data. The Policy Initiatives
The CAP: ICN Framework on transparency and predictability, template—i.e., a summary of a Competition Agency Procedures confidentiality protection, Participant’s investigation and appropriate notification of enforcement procedures illustrating The Division continued to promote allegations, written enforcement how the Participant complies with due process in antitrust decisions, and availability of the CAP. All Participants are investigations around the globe, independent review of decisions. obligated to complete and publish working with the ICN to successfully Membership in the CAP is open to all this template. Participants can use launch the Framework on eligible competition agencies around the completed templates as a Competition Agency Procedures the world, including non-ICN resource for case cooperation, for (CAP) in May 2019. The CAP, an members. Thus far, over 70 benchmarking new proposals, or for initiative envisioned and developed competition agencies have signed on identifying countries with guidelines by the Division, is an ICN-sponsored to the CAP and the Division expects or procedures they may want to framework that promotes that number to continue growing. emulate. Participants may also use fundamental due process, as well as the consultation procedure in the Participants recently marked the fair and effective procedures, in framework to seek more information one-year anniversary of the CAP and investigations by competition from a country about its practices. planning is underway for the first authorities. The principles to which The Division anticipates that CAP Participant meeting. A focus of CAP members (Participants) adhere information from these templates include non-discrimination, that meeting will be the CAP
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will be aggregated and analyzed on a macro level and shared at the CAP Participant meeting to facilitate Participants’ ability to better benchmark their own practices. Common themes from this analysis may also provide the basis for substantive ICN programming in the coming year.
G7 “Common Understanding” on Competition and the Digital Economy On July 17-18, 2019, the G7 Finance Ministers and Central Bank Governors met in Chantilly, France, to discuss a multitude of issues, including competition and the digital economy. The United States was Members of the International Section accept an award recognizing their work on negotiating represented by the Secretary of the the Framework on Competition Agency Procedures. From L-R: AAG Makan Delrahim, Ass’t Treasury, Steven Mnuchin. To Chief Caldwell Harrop, Timothy Longman, Jessica Rodriguez, Chief Lynda Marshall, and DAAG Rene Augustine. prepare for the meeting, AAG Makan Delrahim and his G7 counterparts met on June 5, 2019, to draft a Common Understanding of G7 Competition Authorities on Competition and the Digital Economy (Common Understanding), publicly released on July 18, 2019.
The Common Understanding explains why competitive markets are essential to well-functioning economies and how they can improve consumer welfare by unlocking the benefits of digital innovation and growth. The paper notes that competition law is flexible and can adapt to any challenges the digital economy may present; at the same time, the paper recognizes that it is crucial for competition authorities to have the tools and means to expand their L-R: Former DAAG Roger Alford, KFTC Secretary General Gyu-ha Chae, and FTC Commissioner understanding of new business Christine Wilson. models and their impacts on competition. The paper advocates
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for use of market studies and sector Representative (USTR) participated in competition must “have a reasonable inquiries, as well as adding in-house formal consultations with the opportunity to...review and rebut the capabilities to monitor issues raised Republic of Korea under the chapter evidence and any other collected by the digital economy. The paper on Competition-Related Matters of information on which the also states the G7 competition the United States-Republic of Korea determination may be based.” The authorities will continue their efforts Free Trade Agreement (KORUS). The United States has been raising via regarding the digital economy United States requested the multiple meetings, letters and formal through cooperation in existing consultations to press for actions by comments, concerns with restrictive international fora and through group Korea to improve procedures in KFTC hearing procedures regarding a exchanges of information which competition hearings held by the respondent’s lack of access to deepen common understanding. Korea Fair Trade Commission (KFTC). evidence, including evidence used to bring allegations against it. USTR and Consultations Under the U.S.- The focus of the consultations was the Antitrust Division continue to Korea’s non-compliance with KORUS Korea Free Trade Agreement seek changes necessary for Korea to Article 16.1.3, which states, in meet KORUS obligations. In July 2019, the Antitrust Division relevant part, that a party in an and the Office of the U.S. Trade administrative hearing related to Bilateral/Trilateral Meetings Throughout FY 2019, the Division participated in over 90 meetings at home and abroad with international competition agencies and jurisdictions.
Asia In April 2019, former Deputy Assistant Attorney General (DAAG) Roger Alford, DAAG Richard Powers, and Division staff traveled to Tokyo, Japan, to meet with the Japan Fair Trade Commission. While in Japan, the Division team also met with the American Chamber of Commerce, Japan. Former DAAG Alford, DAAG Powers, and Division staff later flew to Korea to meet with the KFTC and the Korea Ministry of Justice in Seoul, Korea.
In August 2019, DAAG Rene Augustine and the Division hosted a L-R: AAG Makan Delrahim, COFECE Chairwoman Alejandra Palacios Prieto, FTC Chairman Joe delegation from Japan’s Cabinet Simons, and CCB Commissioner Matthew Boswell. Secretary and the Japanese Ministry Augustine and Division staff also Regulation and the National People’s of Economy, Trade, & Industry to hosted a delegation from China’s Congress to discuss revisions to discuss digital platform issues. DAAG State Administration for Market China’s Anti-Monopoly Law (AML).
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Europe that included competition and digital Competencia Económica (COFECE), markets. and the FTC. The discussions covered In March 2019, AAG Delrahim, a range of topics, including former Principal DAAG (PDAAG) The Americas enforcement in digital markets, Andrew Finch, former DAAG Alford, The Division continued to deepen its updates on agency developments, and Division staff participated in a close working relationship with the international cooperation, and the lunch meeting with Commissioner Canadian and Mexican antitrust challenges to antitrust enforcement Margrethe Vestager, Director enforcers in 2019. In October 2019, each agency faces. The annual General Johannes Laitenberger and AAG Delrahim, PDAAG Barry Nigro, dialogue builds on the longstanding their staff, and Chairman Joe Simons and DAAG Augustine participated in cross-border collaboration between from the FTC, in Washington, D.C. a trilateral meeting in Ottawa, the United States, Canada, and While in D.C., Commissioner Canada with the heads of agency Mexico, and is meant to ensure a Vestager and the DG COMP from Canada’s Competition Bureau competitive marketplace for delegation also met with Attorney (CCB), Mexico’s Comisión Federal de consumers across North America. General William Barr for a discussion Technical Assistance The Division has continued to enforcement, economic investigative assistance programs in 17 countries, provide technical assistance to tools, cartel enforcement, and including Barbados, Chile, Georgia, agencies around the world, with leniency programs. In FY 2019, India, Israel, Kenya, Moldova, programs on key topics in antitrust Division attorneys and economists Romania, and the Philippines. enforcement, such as merger led over 22 different technical International Cooperation During COVID-19 Finally, as with the rest of the ties to multilateral organizations, Antitrust Division, the work of the such as the ICN and OECD, to International Program has been increase communication and affected by COVID-19. The spread of cooperation. The International Image credit: Alissa Eckert, MS; Dan Higgins, MAMS COVID-19 has required not only Program has also spearheaded an unprecedented cooperation among effort to facilitate communication agencies around the world. In addition, the International Program U.S. federal, state, and local among ICN members about our governments, but among our COVID-19 responses that has has transitioned its technical assistance program to virtual international counterparts as well. In enabled exchange of rapidly response to the health crisis, the developing information regarding communications platforms and has already successfully completed Antitrust Division is leveraging its how COVID-19 has impacted the existing bilateral relationships and enforcement efforts of competition several training programs.
Amicus Program and Competition Advocacy
Oyez, Oyez: Statements of Particular Interest Over the last year, the Division has joint filings with other federal and particularly subject to potential filed a number of submissions at the state enforcers. The Division focuses misuse by parties. Many of its amicus trial and appellate court levels and its amicus efforts on matters where briefs and statements of interest are has, where appropriate, submitted the law may be unclear or aimed at bolstering law enforcement
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by ensuring the government and occurring outside the U.S. can cause recognizing a Section 2 cause of private plaintiffs have effective tools a direct effect within the U.S. The action on the conduct alleged would: to protect against anticompetitive district court called the Division’s run contrary to the policies actions wherever in the economy submission “very helpful” while encouraging market-based pricing they may arise. A number of recent adopting our position. This case is upon which the antitrust laws are amicus efforts, for instance, were currently on appeal to the Ninth built; risk distorting licensing aimed at ensuring courts adopt Circuit. negotiations for FRAND-committed appropriately narrow interpretations patents; and threaten to deter Avanci of exemptions, immunities, and procompetitive or competitively other related doctrines that In February 2020, the Division neutral conduct. defendants may use to try to avoid submitted a statement of interest in Mountain Crest liability for anticompetitive conduct. Continental Automotive Sys., Inc. v. A few of these efforts: Avanci, LLC, arguing that the In Mountain Crest v. Anheuser-Busch plaintiff’s attempts to base Sherman InBev, the Division filed an amicus CRT Act Section 2 liability upon alleged brief in the Seventh Circuit arguing The Division submitted a statement breaches of “fair, reasonable, and that, where a court can evaluate a of interest in In re: Cathode Ray Tube nondiscriminatory” (FRAND) private conspiracy—even where it is (CRT) Antitrust Litigation, addressing commitments made during standard aided by government acts—without the proper implementation of two setting processes, including claims of addressing the validity of those components of the Foreign Sovereign purported deception regarding government acts, the act of state Immunities Act. The Division FRAND rates, failed to articulate doctrine cannot be invoked to shield articulated the framework for cognizable antitrust claims. The the conspiracy from liability. In ascertaining whether an entity Division submitted that breaches of September 2019, the Seventh Circuit qualifies as an “organ of a foreign FRAND commitments—i.e., breaches issued a decision thanking the state” within 28 U.S.C. § 1603(b)(2), of contractual obligations—are Division for its comments and and argued that proving a “direct quintessential contract law adopting its views that Mountain effect” under the third prong of the problems, and that the Supreme Crest’s claims went beyond the commercial-activity exception of 28 Court has made clear not all contract Ontario government’s restrictions U.S.C. § 1605(a)(2) does not require disputes are antitrust disputes. against selling beer in packages with evidence of direct sales in the U.S. Because the complaint failed to more than six containers, and because there are many other articulate a harm to the competitive therefore were not entirely situations—in and out of the process, Section 2 liability could not exempted from Sherman Act scrutiny antitrust context—in which acts lie. The Division concluded that by the act of state doctrine.
Roundtables and Workshops
Public Roundtable on ACPERA harm antitrust cartels pose to on the Division’s criminal American businesses and consumers. enforcement efforts. On April 11, 2019, the Division held a The ACPERA roundtable provided the public roundtable to discuss the Public Workshop on Competition Antitrust Division with the Antitrust Criminal Penalty opportunity to hear the views of in Labor Markets Enhancement & Reform Act interested stakeholders, including (ACPERA). Since it was enacted in As discussed on page 18, the Division judges, attorneys, academics, and June 2004, ACPERA has created hosted Ramogi Huma, President of the business community, regarding greater incentives for corporations to the National College Players the efficacy of ACPERA and its impact self-report illegal conduct to the Association, to offer remarks on Division in recognition of the serious competition in college athletics at its
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antitrust enforcement. Panels addressed the existence of kill zones where investors may not be willing to fund innovation or new entrants, the role of data in creating new opportunities for competition or entrenching incumbents, and how investors view the competitive dynamics and opportunities in markets that operate on digital platforms. Over 200 people attended the event in Silicon Valley and nearly 1,200 people livestreamed the content, demonstrating how valuable it was to have these two communities come together and create an open dialogue between enforcers and industry participants about the real impact of competition
and government action on the Speakers at the public roundtable on Antitrust Criminal Penalty Enhancement & Reform Act (ACPERA) L-R: Richard Powers (Deputy Assistant Attorney General of Criminal Enforcement); incentives to invest in innovative Makan Delrahim (Assistant Attorney General); Lindsey Vaala (American Bar Association). industries. In addition to creating an Public Workshop on Competition in and raised questions that were to be opportunity to learn about industry Labor Markets in September 2019. explored during the workshop. The dynamics, the workshop helped workshop’s four panels featured highlight the key role that the Public Workshop on Competition executives from broadcast and cable Division’s San Francisco office is in Television and Digital television companies, advertising playing in the on-going review of Advertising agencies, online publications, digital market-leading online platforms. San On May 2 and 3, 2019, the Division platforms, and consumer packaged Francisco Office Chief Manish Kumar held a public workshop that explored goods companies as well as gave closing remarks that industry dynamics in advertising and economists, academics, and other encouraged the Silicon Valley the implications for antitrust experts. watchers and investors in attendance to keep an open dialogue with the enforcement and policy, including Public Workshop on Venture merger enforcement. In his opening staff of the Antitrust Division. Capital and Antitrust remarks, Assistant Attorney General Delrahim called attention to the On February 12, 2020 the Antitrust value of the workshop in addressing Division cohosted a public workshop the Division’s “need to take into on Venture Capital and Antitrust with Crossword Answers Down: account the latest industry trends, Stanford University. The workshop Across: 1. Salmon 4. Mink brought together representatives the latest technological evidence, 2. Phonographs 5. Bowling and the latest economics.” Professor from the Antitrust Division, 3. Banana 6. Elevator Susan Athey of Stanford University’s academics, and members of the 7. Carpet 8. Peanut Graduate School of Business venture capital community to discuss 9. Sardine 11. Chrysanthemum 10. Dynamite 12. Music delivered an opening lecture a variety of topics at the intersection 13. Ice providing an overview of advertising of venture capital investment and
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