Tuesday, August 9, 2011

VIGOROUSLY ENFORCING THE ANTITRUST LAWS IN THE OBAMA ADMINISTRATION

Good afternoon. More than two years have passed since I gave my first public remarks as the Assistant Attorney General (AAG) for Antitrust here at the Center for American Progress. I am pleased to be back, not only to examine our accomplishments, but also to consider what there is still to do.

The Division has had significant success on a variety of fronts. Civil merger and non-merger enforcement is healthy and active. We have renewed international cooperation. We have fostered unprecedented competition advocacy, infusing competitive analysis into far-ranging, important public policy endeavors. Our criminal program is focused on prosecuting cartel activity, a particularly pernicious problem in ever-increasing global markets.

There are also areas where we have, up to now, had fewer opportunities to facilitate competitive marketplaces that would benefit the American consumer. I recognize that there are limits to what we can accomplish within the confines of the antitrust laws, but the antitrust laws remain an essential element in preserving competition. Some have confused recent court precedent to suggest that the antitrust laws are minimized in industries when we find other governing regulatory regimes. I strongly believe that is a misreading of the law, and the Division has demonstrated through our vigorous enforcement efforts—and sought through reasoned court filings— that the antitrust laws remain fully vibrant. As AAG, I have sought to ensure that vibrancy through steadfast and pragmatic enforcement of the antitrust laws. (Read on)

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