On May 21, 2024, the American Economic Liberties Project held its annual Anti-Monopoly Summit in Washington D.C., drawing together an array of legal professionals, policymakers, economists, and activists with a shared goal: to address the growing influence of monopolistic practices across various industries.
The Assistant U.S. Attorney General for the Antitrust Division, Jonathan Kanter, had a powerful message for anyone engaged in anti-competitive behavior: “if you break the law, you will face a formidable opponent in court.”
‘The People’s Lawyer’
Kanter focused his keynote address on promoting the Division’s aggressive stance against anti-competitive practices, stating that the Antitrust Division has built an “unprecedented record of action on behalf of the American people.”
“In the past, the Antitrust Division’s antitrust enforcement was sometimes defined by what it did not do or by which parts of the law it had decided not to enforce,” said Kanter. “Today’s Antitrust Division defines itself based on the actions it takes to enforce the law on behalf of the American people when supported by the facts and the law.”
Kanter went on to praise the new merger guidelines published by the Department of Justice and the Federal Trade Commission in 2023, calling them a “transformative and game-changing” policy statement that provides transparency to the public. Kanter also highlighted specific wins made by the DOJ, including more than 20 abandoned mergers in response to the Antitrust Division’s concerns and the successful opposition of the merger of Penguin Random House and Simon & Schuster.
Kanter then praised his department’s litigation prowess in recent years, citing over 30 appellate and amicus filings including an appellate win that allowed the DOJ to pursue anti-competitive collusion case against the National Association of Realtors.
“We filed several statements of interest relating to algorithmic collusion and rental housing, to underscore that anti-competitive collusion is illegal, whether it happens in a smoke-filled room or a data center.”
Kanter also highlighted that the DOJ’s Statement of Interest in the case of Deere & Company Repair Services Antitrust Litigation was repeatedly cited by the court in denying a motion to dismiss, vindicating the DOJ’s position that antitrust laws protect the right to repair.
Kanter concluded his address by praising his team and reinforcing why the department is an “Antitrust Division of action.”
“When law enforcement is meaningful, the antitrust laws are no longer a suggestion. In the United States in 2024, the antitrust laws are once again a requirement.”
Hear, hear!
WBE is a leader in antitrust litigation, including cases against John Deere and rental pricing collusion.
To watch the 2024 Anti-Monopoly Summit in its entirety, please visit the Economic Liberties YouTube Channel.
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