On May 11, 2009, the Antitrust Division of the Department of Justice (“DOJ”), in a speech by new Assistant Attorney General Christine A. Varney and a press release issued later in the day, formally withdrew the report entitled Competition and Monopoly: Single-Firm Conduct under Section 2 of the Sherman Act (“2008 Report”) that had been issued by the Division in September 2008. In doing so, it confirmed expectations that the Division will be more willing to challenge conduct by dominant firms than it had been during the Bush administration. While the changes in enforcement policy are likely to be noticeable, we do not anticipate a return to the policies of the 1960s and 1970s when almost any conduct by a dominant firm that hurt its competitors was likely to be challenged. The 2008 Report
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The Department of Justice withdraws the report untitled Competition and Monopoly (Single-Firm Conduct under Section 2 of the Sherman Act that had been issued by the Division in September 2008)
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