PublishedSeptember 9, 2008

DOJ Antitrust Report Creates Uncertainty

The Department of Justice released a report on Antitrust Monopoly Law yesterday. The report, “Competition and Monopoly: Single-Firm Conduct Under Section 2 of the Sherman Act,” sought to examine whether specific types of conduct run foul of Section 2 of the Sherman Act. In response to the report, Ed Black, President & CEO of the Computer & Communications Industry Association released this statement:

“Instead of clarifying antitrust law, the DoJ’s report on monopoly conduct has further muddied the legal waters. With this report, the DOJ has charged ahead alone and put forward a unique interpretation of Section 2 of the Sherman Act. Its sister antitrust regulatory agency, the FTC, quickly distanced itself from the report citing its overly pro-business, anti-consumer bent.This split interpretation of antitrust law will create significant uncertainty in the business sector and likely harm effective enforcement efforts.

“With several high-profile antitrust cases currently being examined by regulators around the world, antitrust policy is playing an ever important role in our economy. It is important for regulators to get it right now. Although CCIA is at odds with several conclusions of this report, the lax treatment of exclusive dealing and tying arrangements gives us the most pause. We commend the FTC for having the courage to denounce the report and sincerely hope that U.S. antitrust policy remains robust and faithful to its origins and fundamental purposes in the future.”

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