United States Department of Justice Antitrust Division

The United States Department of Justice Antitrust Division is a division of the U.S. Department of Justice that enforces U.S. antitrust law. It has exclusive jurisdiction over U.S. federal criminal antitrust investigations and prosecutions. It also has concurrent jurisdiction over civil antitrust enforcement, though shared with the Federal Trade Commission (FTC). The Antitrust Division often works jointly with the FTC to provide regulatory guidance to businesses.

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

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

History

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

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

2013 closure of field offices

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

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

Leadership
First Assistant Attorney General for Antitrust William J. Donovan
Current Assistant Attorney General for Antitrust Jonathan Kanter

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

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

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

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

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

Economic Sections
  • Economic Analysis Group

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

List of Assistant Attorneys General for the Antitrust Division
NameYears of serviceAppointed by
William Joseph Donovan1926–1927Calvin Coolidge
John Lord O'Brian1929–1933Herbert Hoover
Robert H. Jackson1937–1938Franklin D. Roosevelt
Thurman Arnold1938–1943Franklin D. Roosevelt
Wendell Berge1943–1947Franklin D. Roosevelt
John F. Sonnett1947–1948Harry S. Truman
Herbert Bergson1948–1950Harry S. Truman
Leonard Bessman1950–1951Harry S. Truman
H. Graham Morison1951–1952Harry S. Truman
Newell A. Clapp1952–1953acting
Stanley Barnes1953–1956Eisenhower
Victor R. Hansen1956–1959Eisenhower
Robert A. Bicks1959–1961Eisenhower
Lee Loevinger1961–1963Kennedy
William Horsley Orrick, Jr.1963–1965Kennedy
Donald F. Turner1965–1968Lyndon Johnson
Edwin Zimmerman1968–1969Lyndon Johnson
Richard W. McLaren1969–1972Richard Nixon
Walker B. Comegys1972acting
Thomas E. Kauper1972–1976Richard Nixon
Donald I. Baker1976–1977Gerald R. Ford
John H. Shenefield1977–1979Jimmy Carter
Sanford Litvack1979–1981Jimmy Carter
William Baxter1981–1983Ronald Reagan
J. Paul McGrath1983–1985Ronald Reagan
Douglas H. Ginsburg1985–1986Ronald Reagan
Charles Rule1986–1989Ronald Reagan
James F. Rill1989–1992George H.W. Bush
Charles James1992acting
J. Mark Gidley1992–1993acting
Anne Bingaman1993–1996Bill Clinton
Joel Klein1996–2000Bill Clinton
Douglas Melamed2000–2001acting
Charles James2001–2003George W. Bush
R. Hewitt Pate2003–2005George W. Bush
Thomas O. Barnett2005–2008George W. Bush
Deborah A. Garza2008–2009acting
Christine A. Varney2009–2011Barack Obama
Sharis Pozen2011–2012acting
Joseph F. Wayland2012acting
Renata Hesse2012–2013acting
William Baer2013–2017Barack Obama
Makan Delrahim2017–2021Donald J. Trump
Jonathan Kanter 2021–Present Joe Biden

See also

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