Analysis

Limited Resources Will Test DOJ Preference For Merger Suits

By Bryan Koenig (January 26, 2022, 9:33 PM EST) -- Jonathan Kanter, the U.S. Department of Justice's Antitrust Division chief, used his first address on the job to say that merger settlements should be "the exception, not the rule." But antitrust professionals say his desire to challenge more potentially anti-competitive mergers in court is likely to be tempered by limited government resources.

Kanter, the assistant attorney general for antitrust, said Monday that the Antitrust Division should focus on challenging anti-competitive deals outright because divestitures and other remedies often aren't enough to protect consumers.

His outlook aligns with a Biden administration antitrust policy at the DOJ and the Federal Trade Commission that...

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