Just over two weeks after being sworn in as President Obama’s head of the Department of Justice (DOJ) Antitrust Division, Christine A. Varney announced in a May 11 speech that the DOJ was withdrawing a 2008 report issued under the Bush administration that set forth guidelines on the enforcement of the antitrust laws with respect to the unilateral conduct of dominant firms. This announcement, along with recent investigations initiated by the DOJ and the Federal Trade Commission (FTC) under Section 2 of the Sherman Act and Section 8 of the Clayton Act, two antitrust provisions rarely invoked in recent years, signals a clear policy shift toward a significantly more aggressive approach by the federal antitrust enforcement agencies than had been the case under President Bush.

Click here to view memo, Obama Administration Repudiates Bush-Era Monopoly Policy, Promises More “Aggressive” Antitrust Enforcement