The US DOJ formally withdraws its report on abuse of dominance (Single-Firm Conduct under S. 2 of the Sherman Act)

Background On May 11, 2009, the Antitrust Division of the Department of Justice (“DOJ”) formally changed its position on the agency's role in the enforcement of the antitrust laws against monopolists. In a speech by new Assistant Attorney General Christine A. Varney and a press release issued later that day, 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, the Division confirmed expectations that it will be more willing to challenge conduct by dominant firms than it had been during the Bush administration. According to Ms. Varney: “Withdrawing the Section 2 report is a shift in philosophy and the clearest way to let everyone know that the

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Authors

  • White & Case (Washington)
  • White & Case (New York)
  • International Air Transport Association (IATA) (Washington DC)

Quotation

Rebecca H. Farrington, Joseph Angland, Daniel Kanter, The US DOJ formally withdraws its report on abuse of dominance (Single-Firm Conduct under S. 2 of the Sherman Act), 11 May 2009, e-Competitions May 2009, Art. N° 28260

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