A Message from the AAG - Department of Justice

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A Message from the AAG - Department of Justice
U.S. Department of Justice
Antitrust Division

A Message from the AAG
                                         opportunities we have in our               began a review of digital platforms
                                         positions of public trust. All of us       and engaged in powerful public
                                         have taken a solemn oath to support        advocacy regarding the importance
                                         and defend the Constitution, and we        of properly applying antitrust law in
                                         strive each day to discharge our           this area.
                                         duties faithfully as employees of the
                                         Department of Justice.                     The Division’s criminal program has
                                                                                    similarly been fruitful. In November
                                         In these times, the Antitrust Division     2019, we launched the government-
                                         remains steadfast in its mission to        wide Procurement Collusion Strike
                                         protect competition for the benefit        Force (PCSF). The Division’s criminal
                                         of consumers. As I write this, most of     trials resulted in two guilty verdicts
                                         our employees are working remotely         this fall and, in March 2020, we
                                         following guidance in March from           secured the largest ever antitrust
Makan Delrahim
                                         the U.S. Office of Management and          fine or penalty imposed in the
Assistant Attorney General               Budget. Though not without their           prosecution of a purely domestic
Unlike previous newsletters released     challenges, these difficult                cartel. And just three weeks ago we
during the ABA Spring Meeting, the       circumstances have not stopped our         announced the first set of
Division shares this “Spring” Update     attorneys, economists, and support         indictments in the Division’s broiler
for 2020 during extraordinarily          staff from advancing the Division’s        chicken cartel investigation. This
challenging times. The spread of         mission with continued dedication          newsletter features these
COVID-19 has affected all aspects of     and resourcefulness. I am immensely        accomplishments and many more.
our daily lives, as we face both the     proud of our employees, and
                                                                                    At the outset, I would like to focus on
public health and economic effects of    appreciate the chance this
                                                                                    a few of our top priorities and offer a
the virus. As many of us do our part     newsletter provides to report and
                                                                                    preview of what is to come.
to prevent the spread of COVID-19,       reflect on what we have
however, we were also gripped by         accomplished together.                     COVID-19 Response
the horrifying death of Mr. George                                                  To address one of the most
                                         Over the past year, the Antitrust
Floyd in Minneapolis. My heart is                                                   immediate challenges facing our
                                         Division tackled a number of
with the peaceful demonstrators                                                     nation, the Antitrust Division has
                                         important mergers on behalf of
who honor the memory of Mr. Floyd                                                   taken swift action in order to help
                                         American consumers. For example,
by seeking justice and the reforms                                                  fight the spread of COVID-19. In
                                         we secured an important set of
necessary to prevent similar events                                                 addition to moving most of our
                                         divestitures to address vertical and
in the future.                                                                      employees to telework quickly, we
                                         horizontal harm in UTC/Raytheon,
                                                                                    started conducting meetings and
Despite these challenging times,         negotiated significant structural
                                                                                    depositions by video and
these events have served to              relief to facilitate the introduction of
                                                                                    teleconference, accepting electronic
emphasize the resiliency of our          a new wireless competitor in T-
                                                                                    filings of Hart-Scott-Rodino (HSR)
nation. They also underscore the         Mobile/Sprint, and prevailed in a
                                                                                    notifications, and preparing to
critical nature of our work as federal   first-of-its-kind arbitration
                                                                                    appear remotely in courtrooms. The
prosecutors and the precious             proceeding in Novelis/Aleris. We also
                                                                                    Antitrust Division has also been

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A Message from the AAG - Department of Justice
U.S. Department of Justice
Antitrust Division Update 2020

working closely with other federal        program also has taken the lead         The Division’s innovations were not
agencies, including the Department        within the International Competition    limited to internal processes. In
of Health and Human Services,             Network (ICN) and other multilateral    February 2020, the Antitrust Division
Department of Defense, the Federal        organizations to encourage the          engaged in the first-ever arbitration
Emergency Management Agency,              exchange of rapidly developing          in a merger challenge in
Centers for Medicare & Medicaid           information; these efforts have         Novelis/Aleris, pursuant to the
Services, Department of Agriculture,      allowed the Division to stay updated    Division’s authority under the
and the White House Coronavirus           on how COVID-19 has affected            Administrative Dispute Resolution
Task Force, to ensure critical            competition enforcement around the      Act of 1996. The use of arbitration in
products and medical supplies reach       world.                                  this instance provided greater
those who most need them.                                                         certainty to the parties and allowed
                                          Innovation in Merger Review
                                                                                  the Antitrust Division to resolve the
We also have issued two joint             As we adjust in these times, I take     dispositive issue of market definition
statements with the Federal Trade         pride in other achievements the         efficiently and effectively,
Commission (FTC) in an effort to          Division attained in the spirit of      maximizing our enforcement
introduce greater certainty in these      adaptation and innovation. In           resources, saving taxpayer resources,
uncertain times. The first details the    September 2018, I pledged that the      and providing the merging parties
types of collaborative activities         Antitrust Division would modernize      with greater certainty. The
among competitors that are                its merger review process with an       arbitration hearing was held over a
consistent with the antitrust laws        eye toward expediting review            period of ten days (including some
and outlines an accelerated business      without compromising its quality.       partial days) in the Antitrust
review process. Only 11 days later,       The Division consistently has met or    Division’s new Anne K. Bingaman
the Division issued our first business    exceeded our goal of completing the     Auditorium and Lecture Hall in the
review letter related to the              investigative phase of merger           Liberty Square Building in
pandemic—5 days after receiving the       reviews and providing feedback to       Washington, D.C. Eleven fact
request—pursuant to this expedited        parties within six months, as long as   witnesses and three expert witnesses
process. The letter explained that,       the parties expeditiously cooperate     testified in the proceedings. The
provided certain conditions were          and communicate with us. Through        arbitrator ultimately agreed with our
met, the Antitrust Division would not     early 2020, we successfully reduced     conception of the market definition
challenge the collaborative efforts of    the average time in all merger          and ruled in March 2020 for the
companies working with federal            investigations from filing an HSR to    Division within the agreed two-week
authorities to expedite and to            the Division notifying the parties of   time frame. The proposed final
increase the distribution of              our position to 5.4 months. In merger   judgment will require Novelis to
important medical equipment. In our       investigations that resulted in a       divest Aleris’s aluminum auto body
second joint statement with the FTC,      challenge, whether litigated in court   sheet operations in North America.
we reaffirmed the importance of           or otherwise resolved, the average      The experience proved that, in the
competition for American workers          time to notification was reduced to     proper circumstances, antitrust
and expressed our commitment to           5.7 months.                             agencies can harness the strengths of
curbing anticompetitive conduct by                                                arbitration and ensure the benefits
those who exploit the pandemic by         As part of the reforms I announced in
                                          2018, we also implemented steps to      of a speedy and sound resolution for
entering into unlawful wage-fixing or                                             the public.
no-poach agreements.                      introduce significant transparency
                                          into our processes, including           The Division also obtained pivotal
Consistent with the Department’s          publishing on our website new           relief in T-Mobile’s acquisition of
guidance, the Antitrust Division also     models for timing agreements and        Sprint, which has proved particularly
has prioritized the criminal              for voluntary request letters. These    significant during the pandemic given
investigation and prosecution of          reforms collectively have provided      consumer demand for mobile
competition cases related to COVID-       greater certainty and predictability    connectivity. The Division’s remedy
19. Through the Antitrust Division’s      for mergers and acquisitions that are   will safeguard competition in the
PCSF and other tools, we will hold        reviewed by the Division. Even with     wireless industry by providing
accountable individuals and               the constraints imposed by the          important divestitures that will
companies that use the pandemic as        COVID-19 pandemic, I am optimistic      facilitate the entry of Dish as a fourth
an opportunity to engage in criminal      that these reforms will have lasting    nationwide competitor. This relief
antitrust violations. Our international   effects.                                stands to expand output and

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A Message from the AAG - Department of Justice
U.S. Department of Justice
Antitrust Division Update 2020

expedite the introduction of 5G           The Antitrust Division also has been       jointly issued a draft of revised
networks for American consumers by        hard at work safeguarding                  Vertical Merger Guidelines earlier
ensuring the use of vast amounts of       competition in industries that most        this year, marking the first revamp of
currently unused or underused             directly affect American consumers.        guidelines on this topic in over three
spectrum. Dish will have immediate        The Division’s criminal trials resulted    decades. In so doing, we withdrew
access to the New T-Mobile’s              in two guilty verdicts this fall against   the DOJ’s 1984 Non-Horizontal
network, as well as access to low-        executives whose actions have              Merger Guidelines, which the
band spectrum to facilitate its           cheated consumers in the food and          Division believes no longer reflects
network buildout. Given its history as    financial markets. These outcomes          modern economic experience. Since
a disruptive, innovative company,         are a testament to the Division’s          we first introduced the draft Vertical
Dish will be well positioned to take      commitment to holding executives           Merger Guidelines for public
advantage of this remedy and              accountable for antitrust violations.      comment in January, the Division has
accelerate its entry as a nationwide      In March 2020, the Division also           received a great breadth and depth
competitor.                               secured against a manufacturer of          of comments from diverse groups.
                                          generic drugs a $195 million criminal      We are grateful for the level of
Launch of the PCSF                        penalty—the largest ever antitrust         engagement on this important topic
Our criminal program has been             fine or penalty imposed in the             and plan to finalize the guidelines as
similarly effective. In November          prosecution of a purely domestic           soon as possible in the coming
2019, the Antitrust Division launched     cartel. In addition, the Division          month. It bears repeating, however,
the Procurement Collusion Strike          obtained a $100 million criminal           that although the draft Vertical
Force (PCSF), an interagency              penalty in April 2020 from an              Merger Guidelines describe the
partnership of law enforcement            oncology group charged with                current enforcement practices of the
personnel and prosecutors across the      conspiring to allocate medical and         agencies, the Antitrust Division will
Department of Justice leading the         radiation oncology treatments.             not hesitate to bring appropriate
national fight against criminal                                                      cases to the courts when necessary
antitrust violations and other crimes     New Frontiers in Competition               to safeguard competition and
affecting public procurement. The         Advocacy                                   advance consumer welfare.
Antitrust Division is grateful both for   Finally, the Division’s competition
the support of our law enforcement        advocacy efforts have been highly                      *   *    *
partners including the United States      successful. Our amicus program
                                                                                     Despite the uncertainty in this
Attorneys across the nation, and for      exceeded prior expectations by filing
                                                                                     moment, I am heartened by how we
the overwhelmingly positive               a record 24 briefs in 2019. Although
                                                                                     have responded in the fight against
response the launch has received          many briefs focused on disputed
                                                                                     COVID-19 and how peaceful
from state and local agencies. Over       areas of law where the answer to a
                                                                                     protestors have pursued justice in
50 federal, state, and local              particular legal question is not clear-
                                                                                     memory of Mr. Floyd. I am confident
government agencies have already          cut, we have earned a 12-0-1 record
                                                                                     that we will conquer the challenges
sought training and assistance from       with 11 cases pending. The program
                                                                                     ahead, and remain convinced that
the PCSF, as well as opportunities to     is a testament to how the Division
                                                                                     one of the key safeguards of a
work with the PCSF on investigations.     can leverage our limited resources
                                                                                     vibrant and resilient economy is
So far, the PCSF has led over a dozen     for enforcement in an efficient way:
                                                                                     effective antitrust enforcement—
interactive virtual training programs     Our amicus brief in Seaman v. Duke,
                                                                                     enforcement that can adapt to
for approximately 2,000 criminal          a no-poach case, led us to obtain a
                                                                                     rapidly changing conditions. As we
investigators, data scientists, and       consent decree while expending less
                                                                                     embark onto the second half of this
procurement officials. Over a third of    than 1% of the resources that we
                                                                                     coming year, the Antitrust Division
the Antitrust Division’s current          would typically use to investigate a
                                                                                     will continue to monitor pandemic
investigations relate to public           similar matter. Thanks to the
                                                                                     developments and guidance, but do
procurement, and the PCSF marks an        experienced and talented attorneys
                                                                                     so without compromising on our
important effort to marshal               in the appellate section, we
                                                                                     mission to pursue violations of the
enforcement resources to tackle           anticipate another prolific year in
                                                                                     antitrust laws on behalf of American
these cases. Several grand jury           2020.
                                                                                     consumers.
investigations already have been
opened as a direct result of the work     The Antitrust Division and the
of the PCSF.                              Federal Trade Commission also

                                                                                                                          3
A Message from the AAG - Department of Justice
U.S. Department of Justice
Antitrust Division Update 2020
                                                                                        This Spring a Decade Ago

                                                                                       In reflecting on recent
New Approaches in the New Decade
                                                                                       approaches, we also took a look
As we enter the 2020s, the Antitrust       so protects competition even after the      at what the Antitrust Division
Division reflects on new approaches to     terms of a consent decree expire. These     accomplished a decade ago.
antitrust enforcement over the past few    remedies also have the added benefit
                                                                                       In April 2010, the Antitrust
years.                                     of ensuring ongoing competition
                                                                                       Division and the Federal Trade
                                           without government intervention or
Historic Arbitration of a Merger                                                       Commission issued a draft of the
                                           regulation; the market and its
Dispute                                                                                Horizontal Merger Guidelines to
                                           participants, rather than the Antitrust
                                                                                       the public. After taking public
In March 2020, the Department of           Division, should drive pricing and
                                                                                       comments into account, the
Justice prevailed in a first-of-a-kind     innovation decisions. The Antitrust
                                                                                       agencies issued the revised
arbitration, which resolved a civil        Division recognizes that behavioral
                                                                                       Horizontal Merger Guidelines in
antitrust lawsuit challenging Novelis’s    remedies are inherently regulatory and
                                                                                       August 2010.
proposed merger with Aleris                thus undermine these aims.
Corporation. This marks the first time                                                 In the same month, the
                                           The Division has also sought structural     Department of Justice presented
the Antitrust Division has used its        remedies to address vertical concerns in
authority under the Administrative                                                     the John Sherman Award to
                                           situations where the merged firm            Professor Robert Pitofsky in
Dispute Resolution Act of 1996 (5 U.S.C.   would have the incentive and ability to
§ 571 et seq.) to resolve a matter. The                                                recognition of his lifetime
                                           harm competition. For example, the          contributions to the protection of
new process could prove to be a model      Antitrust Division secured important
for future enforcement actions, where                                                  American consumers and the
                                           divestitures in March 2020 in the           preservation of economic liberty.
appropriate, to introduce greater          merger between United Technologies
certainty for merging parties and to                                                   The award was presented during
                                           Corporation (UTC) and Raytheon              a celebration of the Antitrust
preserve taxpayer resources without        Company (Raytheon), two of the
compromising the Antitrust Division’s                                                  Divisions’ 120th Anniversary in
                                           primary suppliers of certain military       the Great Hall of the Robert F.
enforcement mission.                       systems and components to the               Kennedy Department of Justice
As a result of the ruling, Novelis must    Department of Defense (DoD). To             Building. The Department of
divest Aleris’s entire aluminum auto       address vertical and horizontal antitrust   Justice looks forward to
body sheet operations in North             concerns, the parties agreed to divest      presenting the Sherman Award
America, which will fully preserve         three separate business units.              to Judge Douglas H. Ginsburg this
competition in this important industry.    Raytheon/UTC is discussed in further        fall. See page 12 to learn more.
In addition, under the terms of the        detail on page 21.
                                                                                       In May 2010, the Department of
arbitration agreement between
                                           Merger Review Process                       Justice, the Federal Trade
defendants and the Department,
                                           Modernization Bearing Fruit                 Commission, and the U.S. Patent
Novelis must reimburse the
                                                                                       and Trademark Office held a joint
Department for its fees and costs          In September 2018, AAG Delrahim
                                                                                       public workshop on the
incurred in connection with the            outlined a series of reforms that the
                                                                                       intersection of patent policy and
arbitration. See page 20 for more on       Antitrust Division would undergo to
                                                                                       competition policy and its
Novelis.                                   modernize the merger review process.
                                                                                       implications for promoting
                                           As a benchmark to measure success, he
Focus on Structural Remedies                                                           innovation. As then-AAG
                                           committed the Division to resolve most
                                                                                       Christine Varney remarked, “We
The resolution in Novelis is one of the    merger investigations within six months
                                                                                       will benefit from working
most recent examples of the Antitrust      of filing—provided that merging parties
                                                                                       together with our PTO and FTC
Division’s focus on structural remedies.   cooperate expeditiously throughout the
                                                                                       colleagues to ensure that the
The Division has focused on structural     process.
                                                                                       United States is using patent and
remedies in recent years because doing

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A Message from the AAG - Department of Justice
U.S. Department of Justice                                                               competition policy that
Antitrust Division Update 2020                                                           maximizes the potential for
                                                                                         innovation, which is the primary
                                                                                         driving force of economic growth
As part of those reforms, the Antitrust      The PCSF is an interagency partnership      in the 21st century.”
Division published a model timing            including prosecutors from the
agreement, which, in addition to             Antitrust Division and 13 U.S. Attorneys’
providing transparency, significantly        Offices, along with agents from the FBI
changed how the Division approaches          and partner Offices of Inspector
Second Request investigations. The           General. The Strike Force was created        Getting to Know the DAAGs
Division also published for the first time   to deter, detect, and prosecute             Parties with matters in front of
a model voluntary request letter so          antitrust crimes and related fraudulent     the Antitrust Division can visit
merging parties can anticipate and           schemes that undermine competition in       the Division’s website to see the
collect the information and documents        government procurement, grant, and          biographies of the Principal
the Division needs. Getting that             program funding.                            Deputy Assistant Attorney
information to the Division during the                                                   General Bernard (Barry) Nigro,
                                             Since its launch, the PCSF has generated
initial waiting period often allows the                                                  Deputy Assistant Attorneys
                                             an overwhelmingly positive response
merging parties to avoid a Second                                                        General Rene Augustine
                                             from all corners of the procurement
Request or to narrow the scope of a                                                      (international and policy),
                                             world. Over 50 federal, state, and local
Second Request.                                                                          Michael (Mike) Murray
                                             government agencies have reached out
The Division has consistently been           to the PCSF seeking outreach training,      (appellate, litigation, merger and
meeting or beating AAG Delrahim’s            assistance with safeguarding their          conduct investigations), Alex
pledge of completing the investigation       procurement processes, and                  Okuliar (litigation, merger and
phase of our merger reviews and              opportunities to work with the PCSF on      conduct investigations), Richard
informing the parties of the Division’s      investigations. Indeed, the Division’s      Powers (criminal enforcement),
position within six months. Through          PCSF attorneys had already led over         and Jeffrey (Jeff) Wilder
early 2020, in all merger investigations,    thirty in-person outreach presentations     (economics).
the average time from the merging            in 13 states and D.C. before the March      To know them better, we asked
parties filing an HSR to the Division        2020 Presidential declaration of a          the Deputy Assistant Attorneys
notifying the parties of the Division’s      national emergency for COVID-19. Since      General for two truths and a lie.
position is 5.4 months. In merger            then, the PCSF has led over a dozen         Find the answers upside down
investigations resulting ultimately in a     interactive virtual training programs for   on the next page.
challenge, whether a litigated court         approximately 2,000 criminal
challenge or a remedy, the average           investigators, data scientists, and         Barry:
time to notification is 5.7 months.          procurement officials representing          a) I have been employed every
                                             nearly 500 federal, state, and local            year since 4th grade.
Although not every merger can be                                                         b) I sailed bareboat in the
                                             agencies. The PCSF has already resulted
resolved in six months, the Division has                                                     Lesser Antilles with Chairman
                                             in the opening of several grand jury
taken concrete steps to reduce delay to                                                      Jerome Powell and a Jesuit.
                                             investigations.
the extent possible. As always, the                                                      c) I once played golf with
merging parties themselves can               Enhancing Corporate Compliance                  President Clinton at Army
exercise significant control over the                                                        Navy Country Club.
                                             In July 2019, the Antitrust Division
timing of the merger review process.
                                             announced a new approach to                 Rene:
The Launch of the Procurement                corporate compliance programs in            a) I was an extra in the movie
Collusion Strike Force                       criminal investigations. The approach is       Saw 4.
                                             based on a recognition that strong          b) I took a covered wagon
On November 5, Assistant Attorney            corporate compliance programs are an           across part of the Oregon
General Delrahim announced the               important part of the effort to deter          Trail.
launch of the Procurement Collusion          and detect antitrust crimes. After a        c) I have two pro athletes in my
Strike Force (PCSF), with the support of     public roundtable and careful                  immediate family.
Deputy Attorney General Jeff Rosen.

                                                                                                                     5
A Message from the AAG - Department of Justice
U.S. Department of Justice                                                                Mike:
Antitrust Division Update 2020                                                            a) I walked the runway as a
                                                                                             model for my high school
                                                                                             prom fashion show.
deliberation, we concluded that we          program, described further on page 28,        b) My father has four brothers
could do more to incentivize antitrust      bolsters the Division’s primary                  and four sisters, all over six
compliance efforts by recognizing           investigative and litigation efforts,            feet tall, including the
investments in pre-existing compliance      allowing the Division to share its               women.
programs.                                   expertise and experiences with                c) I have helped prosecute
                                            generalist courts and judges—some of             pirates.
First, the Antitrust Division announced
                                            whom may have limited experience
it would consider and allow for                                                           Alex:
                                            with antitrust laws themselves. The
crediting corporate compliance at the                                                     a) I am an avid skier and have
                                            amicus program facilitates this
charging stage in criminal antitrust                                                          been heli-skiing down
                                            important information sharing at
investigations. When considering                                                              glaciers in Western Canada.
                                            comparatively low cost. For example,
corporate charges, Division prosecutors                                                   b) I was nearly thrown over a
                                            the full cost (including investigation,
now consider compliance together with                                                         wall by a bull while running
                                            litigation, and resolution phases) of the
all the other factors under the                                                               with the bulls in Pamplona,
                                            Division’s case against Atrium Health’s
Principles of Federal Prosecution and                                                         Spain.
                                            anticompetitive steering restrictions
the Principles of Federal Prosecution of                                                  c) The first gift my wife gave
                                            was at least 100 times what the Division
Business Organizations, as well as our                                                        me after we met was a
                                            spent in connection with its statement
Corporate Leniency Policy. The                                                                skydiving trip.
                                            of interest, motion to intervene, and
potential credit is resolving the matter                                                  Richard:
                                            consent decree in Seaman v. Duke
by a deferred prosecution agreement,                                                      a) I was born in Germany.
                                            University regarding employee no-
rather than by guilty plea.                                                               b) I made a documentary film
                                            poach agreements. Notably, both cases
Second, the Division announced              involved allegations of Sherman Act               that screened at a film
revisions to the Justice Manual             violations in the healthcare industry,            festival.
reflecting this policy change and           and both cases reached the same result        c) My brother is a fighter pilot.
updated the Antitrust Division Manual       from an enforcement perspective.              Jeff:
to address evaluation of compliance         While the Division maintains its robust       a) I used to run along the Tigris
programs, selection of monitors, and        investigative and litigation efforts, the          when stationed in Baghdad.
Division processes for recommending         amicus program can be a highly                b) I was born in Little Rock,
indictments and plea agreements.            efficient use of resources in appropriate          Arkansas.
                                            matters.                                      c) I taught myself to pick locks
Finally, for the first time, the Division
published a guidance document that          The Antitrust Division also filed its first        as a child.
focuses on evaluating compliance            amicus brief with several State                  b; Alex a; Richard c; Jeff a
programs at both the charging and           Attorneys General in the class action            Answers: Barry c; Rene a; Mike
sentencing stages of criminal antitrust     case of Stromberg v. Qualcomm, Inc. in
investigations. This guidance document      June 2019. In their brief to the Ninth
is intended to assist Division              Circuit, the Division and the States
prosecutors in their evaluation of          argued that the district court’s
compliance programs, and to provide         certification of a nationwide class of
greater transparency of the Division’s      indirect purchasers under California’s         New Front Office Faces
compliance analysis.                        Cartwright Act was erroneous and              Alex Okuliar
                                            undermined state and federal policies.        Deputy AAG for Civil Enforcement
Amicus Program
The Division continues to deploy its        Promoting International Due                   Alex Okuliar joined the Division
amicus program as a cost-effective          Process                                       after nearly five years as partner
means of ensuring the proper                                                              in the antitrust group of an
                                            Advancing an initiative envisioned and
implementation and development of                                                         international law firm. Alex is a
                                            developed by the Division, in May 2019,
federal antitrust laws. The amicus

6
A Message from the AAG - Department of Justice
U.S. Department of Justice                                                           former trial attorney in the
Antitrust Division Update 2020                                                       Technology and Financial
                                                                                     Services Section and attorney
                                                                                     advisor to FTC Commissioner
the Division worked successfully with     The successful launch of the CAP           Ohlhausen. He has been
the international competition             represents a significant milestone for     practicing antitrust law for
enforcement community and the             global competition-law enforcement.        roughly twenty years with a
International Competition Network         Thus far, over 70 competition agencies,    focus on merger advocacy and
(ICN) to launch what is now the           including almost every major               antitrust litigation in the
“Framework on Competition Agency          competition agency in the world, have      technology and media sectors.
Procedures” (CAP). The CAP is the first   signed on to the framework, and the        Alex started an online media
multilateral agreement on antitrust       Division expects that number to            company with friends in college
among antitrust enforcement agencies      continue growing. It remains a top         and sold it shortly before going
focused on promoting fundamental due      priority for the Division to ensure        to law school. He is a graduate of
process, such as fair and effective       China’s new agency, SAMR to be a           Vanderbilt University Law School
procedures, in competition                signatory to the CAP. See page 27 and      and the Wharton School of the
enforcement. CAP member agencies          AAG Delrahim’s speech to the Council       University of Pennsylvania.
around the world, who don’t need to be    on Foreign Relations to learn more on
ICN members, commit to adhering to        the CAP.                                   Eyitayo “Tee” St. Matthew-
principles such as non-discrimination,                                               Daniel
transparency and predictability,          The Judgment Termination Initiative        New York Office Assistant Chief
confidentiality protection, appropriate   Prior to 1979, many consent decrees        Eyitayo “Tee” St. Matthew-
notification of allegations, written      were perpetual, which make them            Daniel served as Counsel to the
enforcement decisions, and availability   prime examples of extended regulation      Assistant Attorney General until
of independent review of decisions.       without purpose. In recognition of the     the end of April 2020, where her
                                                                                     work focused on criminal
Goods or Services Involved in the Judgment Termination Initiative                    antitrust matters including
                                                                                     international cartel enforcement
Down:
                                                                                     and compliance. From June 2015
1. Alabama court tosses overboard
                                                                                     to March 2019, Tee served as a
the decree for netting this fish.
                                                                                     trial attorney in the Division’s
2. Save your quarters. Decree
                                                                                     Washington Criminal II Section.
regulating coin-operated ____ play
                                                                                     She joined the Division in June
their last tracks.
                                                                                     2015 from private practice in the
3. Court doesn’t slip up in dismissing
                                                                                     Brussels, New York, and
this fruit decree.
                                                                                     Washington, D.C. offices of
7. Court pulls the rug out.
                                                                                     international law firms, where
9. This seafood decree is canned by
                                                                                     she counseled clients on a range
the court.
                                                                                     of civil and criminal antitrust
10. Delaware court detonates this
                                                                                     issues. Tee is dual-qualified in
107-year-old decree.
                                                                                     New York and in England and
Across:                                                                              Wales, and is a graduate of
4. PETA didn’t object to this pelt                                                   Harvard Law School and the
decree going out of fashion.                                                         University of Cambridge. She
5. Ohio court strikes this decree from                                               currently serves as the Acting
the books with no room to spare.                                                     Director of the Procurement
6. Going down. Decree now “Out of Service” for carrying grain.                       Collusion Strike Force and was
8. Texas court shells this nutty 46-year-old decree.                                 recently appointed Assistant
11. Decree pushing up daisies after court buries it.                                 Chief in the New York Office.
12. The day the ____ roll decree died.
13. Court thaws this 85-year-old decree.              Find the answers on page 28.

                                                                                                                 7
A Message from the AAG - Department of Justice
U.S. Department of Justice                                                               Elyse Dorsey
Antitrust Division Update 2020                                                           Counsel to the AAG
                                                                                         Elyse Dorsey serves as Counsel to
                                                                                         the Assistant Attorney General.
dynamism of markets, the policy of the     terminate a decree. Terminated
                                                                                         Elyse advises the AAG on a wide
Antitrust Division is now generally to     decrees range from obsolete industries
                                                                                         array of legal and policy matters,
limit any behavioral relief stemming       (like music rolls) to seminal antitrust
                                                                                         primarily relating to the
from consent decrees to ten years.         cases (like Standard Oil and Brown
                                                                                         Division’s appellate and amicus
                                           Shoe). Some of the older decrees
The Judgment Termination Initiative is                                                   brief programs, international
                                           subject to this review include the
the Division’s effort to end perpetual                                                   work, and IP and technology-
                                           Paramount decrees that relate to
judgments, dating back as far as the                                                     related issues. Elyse joined the
                                           motion picture exhibition and the
1890s. To date, the Division has                                                         Division from the Federal Trade
                                           ASCAP and BMI decrees that to this day
terminated decrees in 77 of 79 affected                                                  Commission, where she was an
                                           govern the licensing of music for public
districts across the United States.                                                      Attorney Advisor to
                                           performance rights. See more about
Courts terminated nearly 800 legacy                                                      Commissioner Noah Joshua
                                           this initiative on page 16.
judgments in total, and no court has                                                     Phillips. Prior to that, Elyse
denied the Division’s request to                                                         practiced at an international law
                                                                                         firm and clerked on the U.S.
                                                                                        Court of Appeals for the Fifth
New Heights for the “New Madison” Approach                                               Circuit for Judge E. Grady Jolly.
                                                                                         Elyse earned her law degree
Over the past three years, the Antitrust   Standards-Essential Patents Subject to
                                                                                         summa cum laude from Antonin
Division has embarked on a multi-          Voluntary F/RAND Commitments, which
                                                                                         Scalia Law School at George
pronged effort to help educate and         replaced a previous statement on the
                                                                                         Mason University—where she
modernize the approach to antitrust        same topic that was issued in 2013.
                                                                                         frequently teaches antitrust
and intellectual property law. Under       That effort was the culmination of close
                                                                                         classes—and her undergraduate
this “New Madison” approach, the           work between staff and leadership at
                                                                                         degree summa cum laude from
Division has cautioned against the         those three agencies. So far, the
                                                                                         Clemson University.
misapplication of antitrust theories to    statement has been very well received
IP disputes where a patent-holder          as an important step toward restoring
                                                                                         William Sloan
unilaterally attempts to exercise the      balance to the debate over the
                                                                                         Counsel to the AAG
“exclusive Right” conferred by the U.S.    availability of injunctions for
                                                                                         William Sloan served on detail as
Constitution. The Division has sought to   infringement of SEPs.
                                                                                         Counsel to the Assistant Attorney
foster balance in the debate between
                                           The Division further expanded its             General until the end of February
so-called patent “hold up” and “hold
                                           advocacy in federal district courts, filing   2020, where his work focused on
out.” At the same time, the Division has
                                           statements of interest advocating for         criminal antitrust matters,
brought greater attention to the risk of
                                           the sound application of antitrust law to     including serving as the first
anticompetitive coordination among
                                           intellectual property disputes. Earlier       Director of the recently-formed
members of standards development
                                           this year, in Continental v. Avanci, the      Procurement Collusion Strike
organizations.
                                           Division argued that alleged breaches of      Force. From 2014 to 2018, he
This past year, the “New Madison”          FRAND obligations do not give rise to         served as an Assistant U.S.
approach reached new heights as it         monopolization claims, and in Intel v.        Attorney in the Eastern District
expanded its advocacy on matters           Fortress, the Division argued against an      of Virginia, and from 2018 to the
involving the application of antitrust     assertion that antitrust law barred the       present as an Assistant U.S.
law to intellectual property disputes.     defendant’s efforts to aggregate and to       Attorney in the Eastern District
                                           monetize patent rights. Consistent with       of Michigan. Prior to joining the
Late last year, the Division joined the
                                           its words of warning against                  Department of Justice, he
U.S. Patent & Trademark Office and the
                                           anticompetitive conduct in standards          worked as an associate in the
National Institute of Standards and
                                           development organizations, the                Washington, D.C. office of an
Technology in releasing an updated
                                           Division’s statement of interest in NSS       international law firm and also
Policy Statement on Remedies for

8
A Message from the AAG - Department of Justice
U.S. Department of Justice                                                                               served as a law clerk to the
Antitrust Division Update 2020                                                                           Honorable Richard J. Leon of the
                                                                                                         U.S. District Court for the District
                                                                                                         of Columbia. Before attending
Labs v. Crowdstrike emphasized that                 licenses to take a particular form.                  law school, he served in the U.S.
illegal group boycotts among standards              Moreover, after careful consideration,               Marine Corps as an infantry
participants may be subject to the per              the Division filed an amicus brief in late           officer and deployed twice to
se rule.                                            2019 in FTC v. Qualcomm, now pending                 Iraq. He is a graduate of
                                                    in the Ninth Circuit, arguing that the               Georgetown University Law
The Division also was active in
                                                    district court’s ruling improperly applied           Center and Princeton University.
significant cases pending in federal
                                                    Section 2 of the Sherman Act to
courts of appeals. In October 2019, the
                                                    condemn unilateral licensing activity in             Kristina Srica
Division filed a joint amicus brief with
                                                    a manner that threatens competition                  Counsel to the AAG
the U.S. Patent and Trademark Office in
                                                    and innovation                                       Kristina Srica serves as Counsel
HTC v. Ericsson, now pending in the
Fifth Circuit, advocating against a rigid           With the success of the “New Madison”                to the Assistant Attorney
understanding of what FRAND requires                project, the Antitrust Division expects              General, where her work focuses
patent-holders to offer licensees.                  to continue its public advocacy in the               on a range of criminal antitrust
Specifically, the agencies argued the               coming year. Our goal is to promote                  matters. She has served in a
court should not adopt a rule that                  dynamic competition and incentives for               number of other positions since
would unnecessarily limit the use of                innovation, consistent with the                      joining the Antitrust Division
prior licensing evidence in FRAND                   ingenious framework for the patent                   through the Attorney General’s
disputes, or that would require FRAND               system that the Founders created.                    Honors Program in 2012,
                                                                                                         including as a trial attorney in
                                                                                                        both the New York Office and
Assistant Attorney General Awards                                                                        Washington Criminal I Section,
                                                                                                         and as a Special Assistant to the
In January 2020, AAG Delrahim                       the Deputy Assistant Attorneys General
                                                                                                         Directors of Civil and Criminal
recognized the outstanding                          and Senior Director for Investigations
                                                                                                         Enforcement. As a trial attorney,
accomplishments of the Division’s staff             and Litigation presented the awards.
                                                                                                         Kristina investigated and
at the Division’s Assistant Attorney                The ceremony gave the Division a
                                                                                                         prosecuted a variety of domestic
General Awards ceremony. After                      chance to acknowledge fifteen
                                                                                                         and international cartel cases in
opening remarks from AAG Delrahim,                  individuals and nine teams that went
                                                                                                         a broad span of industries,
                                                                                                         including financial markets and
                                                                                                         generic drugs. She also served as
                                                                                                         a Special Assistant United States
                                                                                                         Attorney with the U.S. Attorneys’
                                                                                                         Offices for the District of
                                                                                                         Columbia and the Eastern District
                                                                                                         of Virginia, where she litigated a
                                                                                                         broad range of criminal cases.
                                                                                                         Kristina is a graduate of Hofstra
                                                                                                         University and Brooklyn Law
                                                                                                         School.

                                                                                                         Cecilia Cheng
                                                                                                         Rill Fellow of the Antitrust
                                                                                                         Division
                                                                                                         Cecilia Cheng is the inaugural Rill
Makan Delrahim delivers remarks at the annual Assistant Attorney General Awards ceremony in January      Fellow of the Antitrust Division
2020. The ceremony was held this year in the Great Hall of the Robert F. Kennedy Department of Justice   and joined the Division in 2019
Building. Find the full list of honorees on our website.

                                                                                                                                        9
A Message from the AAG - Department of Justice
U.S. Department of Justice                                                               through the Attorney General’s
Antitrust Division Update 2020                                                           Honors Program. She spends the
                                                                                         first year of the fellowship in the
                                                                                         Office of the Assistant Attorney
above and beyond in their advocacy for       intensely negotiated merger                 General, where her work focuses
competition and for American                 settlements, precedent-setting civil        on a range of antitrust matters
consumers. These recipients worked on        conduct litigation, groundbreaking          related to the international
successful criminal trials, matters where    international negotiations, and top-        program and to civil litigation. As
merging parties forced the Division’s        notch appellate work, among other           a summer intern in the San
teams to go to court, complex and            things.                                     Francisco Office of the Division,
                                                                                         Cecilia also worked on criminal
In Memoriam: Wayne Dunham
                                                                                         antitrust matters involving bid
One of the employees recognized in the AAG Awards ceremony this January was              rigging. Prior to joining the
economist Wayne Dunham. Wayne’s passing at the end of 2019 left a hole in the            Division, Cecilia was a law clerk
Antitrust Division and its Economic Analysis Group. In his quarter century with the      for the Honorable Douglas H.
Antitrust Division, Wayne’s influence in shaping modern antitrust could not be           Ginsburg of the D.C. Circuit Court
missed. He aided in the development of theories of competitive effects by                of Appeals. She developed an
supporting many of the Division’s testifying experts and making his own                  interest in antitrust law before
presentations on tying and vertical foreclosure. The Division consistently relied on     attending law school, when she
Wayne for high profile matters and consent decrees—but one of Wayne’s most               worked as a senior analyst at an
enduring contributions came in one of his very first cases: the Antitrust Division’s     economic consulting firm
Section 2 case against Microsoft. This was the first                                     specializing in expert testimony
major case to revolve around both network effects and                                    for antitrust litigation. Cecilia is a
potential competition, topics impossible to escape in                                    graduate of the University of
today’s antitrust circles.                                                               California, Berkeley and Yale Law
While the Division will certainly miss Wayne’s                                           School.
incredible substantive contributions to our work, we
will miss his wry sense of humor and his passion even
more. He was a generous colleague whose open door
helped shape many of the next generation of Division                                      The Sections of the Division
economists. It was with much sadness that we learned
                                                                     Wayne Dunham
of Wayne’s passing, and we are grateful for his decades                                  The Antitrust Division could not
                                                                         Economist
of public service.                                                                       accomplish its mission of
                                                                                         protecting competition without
Attorney General Awards                                                                  the dedication of its section
The Division is excited to congratulate      Holler, Jonathan Silberman, and Ryan        members. These attorneys and
the two teams of attorneys who were          Tansey received the Attorney General’s      economists represent the
honored with the Attorney General’s          Award for Distinguished Service for         interests of the United States
Award for Distinguished Service for          their work on the Korea fuels parallel      every day and serve as
their work on important enforcement          investigations. As a result of the          caretakers of the antitrust laws.
initiatives for the Antitrust Division. We   Division’s investigation of a decade-long   The Antitrust Division expresses
also celebrated those honored with the       bid-rigging conspiracy that targeted        its thanks to all the employees
John Marshall Award, the Department’s        contracts to supply fuel to U.S. military   who comprise the Division. It
highest award for attorneys, for their       bases in Korea, five oil companies          also extends congratulations to
work supporting the Antitrust Division’s     agreed to plead guilty and seven            those who have been promoted
Judgment Termination Initiative. The         individuals were indicted. In total, the    to positions of leadership this
Attorney General bestowed these              companies have agreed to pay $156           year. Their names are marked
awards at a ceremony last October.           million in criminal fines and over $236     with an asterisk (*).
                                             million in separate civil settlements.
Kevin B. Hart, Ken Sakurabayashi, Katie
                                             These settlements were the first
Stella, Bobby Lepore, Dick Doidge, John

10
U.S. Department of Justice                                                                                    Appellate Section
Antitrust Division Update 2020                                                                                Chief Daniel Haar*, Assistant
                                                                                                              Chief Robert B. Nicholson,
                                                                                                              Assistant Chief Stratton Strand
                                                                                                              Staff Attorneys: Adam Chandler,
                                                                                                              Andrew N. Delaney, Kathleen S.
                                                                                                              Kiernan, Patrick Kuhlmann, Bryan
                                                                                                              Leitch, Nickolai Levin, Matthew
                                                                                                              C. Mandelberg, Steven Mintz,
                                                                                                              Jeffrey Negrette, Robert Wiggers,
                                                                                                              Mary Helen Wimberly

                                                                                                              Chicago Office
                                                                                                              Chief Kalina M. Tulley, Assistant
                                                                                                              Chief Daniel W. Glad*, Assistant
                                                                                                              Chief Michael Loterstein
                                                                                                              Staff Attorneys: Chester Choi,
                                                                                                              Jonathan Clow, Kevin Culum,
                                                                                                              Elizabeth Homan, Robert Jacobs,
                                                                                                              Meagan Johnson, Ruben
                                                                                                              Martinez, Jr., Arefa Patel, Jane
The Department of Justice honors attorneys from the Antitrust Division with the Attorney General’s            Phillips, Jill Rogowski, Andrew
Award for Distinguished Service for their investigation into the electrolytic capacitors industry. The team   Rosa, Vivian Sapthavee, Eric
uncovered a wide-ranging price-fixing conspiracy which yielded guilty pleas and criminal fines totaling       Schleef, Carla Stern, Sandra
over $150 million.
                                                                                                              Talbott, Jason Turner
significant Section 4A settlements in                  Finally, Dorothy Fountain, Mark Niefer,
many years and the largest on record.                  Hillary Snyder, Larry Reicher, Barry                   Competition Policy and
                                                       Creech, Justin Dempsey, Mark Merva,                    Advocacy Section
Katrina Rouse, Christopher Carlberg,                                                                          Chief David Lawrence*,
                                                       Cameron Gower, Ryan Karr, and Kara
Mikal Condon, Thomas Greene, Paradi                                                                           Assistant Chief Karina B. Lubell*
                                                       Kuritz received the John Marshall
Javandel, Jacklin Lem, Kelsey Linnett,                                                                        Staff Attorneys: Mac Conforti,
                                                       Award, the Department’s highest award
Andrew Mast, Howard Parker,                                                                                   Jennifer Dixton, Eric Dunn, Erica
                                                       for attorneys, for their work supporting
Alexandra Shepard, Celestine Susi,                                                                            Mintzer, Charles Ramsey,
                                                       the Judgment Termination Initiative.
Edward Bernard, Peter Woodward,                                                                               Douglas Rathbun
                                                       The team worked to terminate
and Linda Van Stavern received the
                                                       perpetual consent decrees dating back
Attorney General’s Award for                                                                                  Defense, Industrials, and
                                                       to the 1890s that have languished on
Distinguished Service for their work on                                                                       Aerospace Section
                                                       the books and records of the
electrolytic capacitors. Electrolytic                                                                         Chief Katrina Rouse*, Assistant
                                                       Department and court dockets. To date,
capacitors are a ubiquitous component                                                                         Chief Jay Owen*, Assistant Chief
                                                       the effort has led to the termination of
of consumer electronics, including                                                                            Doha Mekki*
                                                       hundreds of legacy judgments in over
computers, televisions, and car engine                                                                        Staff Attorneys: Erin Carter
                                                       seventy district courts across the
system. The team’s investigation into                                                                         Grace, Jeremy Cline, Thomas
                                                       country. For more on this initiative, see
the industry’s wide-ranging price-fixing                                                                      DeMatteo, James Foster, Kerrie
                                                       page 7.
conspiracy led to charges against eight                                                                       Freeborn, John Greaney, Stephen
companies and ten individuals. The                     The Division is proud of the recognition               Harris, Christine Hill, Dan
team successfully prosecuted all eight                 our staff received, and thanks the team                Monahan, Catherine
companies, securing guilty pleas and                   members who supported them. We are                     Montezuma, Gabriella
criminal fines totaling over $150 million.             privileged to work with each one of                    Moskowitz, Samer Musallam,
                                                       these talented and dedicated                           Veronica Onyema, Fred
                                                       individuals.                                           Parmenter, Kevin Quin, Blake
                                                                                                              Rushforth, Lowell Stern,

                                                                                                                                          11
U.S. Department of Justice                                                                        Angela Yuen Yuk Ting, Rebecca
Antitrust Division Update 2020                                                                    Valentine, Bashiri Wilson

                                                                                                  Economic Analysis Group
                                                                                                  Economic Litigation Section:
The Sherman Award
                                                                                                  Chief Norm Familant, Assistant
In October 2020, the Department of                                                                Chief Ari Gerstle*
Justice will present the Honorable                                                                Economic Policy Section: Chief
Douglas H. Ginsburg with the John                                                                 Aditi Mehta*, Assistant Chief
Sherman Award. The Award represents                                                               Evan Gee*
the Department’s highest antitrust                                                                Economic Regulatory Section:
honor, given in recognition of lifetime                                                           Chief Beth Armington, Assistant
contributions to the development of                                                               Chief Nathan Goldstein*
antitrust law and the preservation of                                                             Economic Advisor: Ron Drennan*
economic liberty.                                                                                 Staff economists: Robin Allen,
                                                                                                  Danial Asmat, John Bender, Ross
Of his many notable contributions to
                                                                                                  Brater, Jacob Burgdorf, Brian
the field, Judge Ginsburg elevated the
                                              Three Assistant Attorneys General of the            Clark, Haru Connolly, Patrick
role of economic analysis in antitrust        Antitrust Division. Pictured L-R: Makan Delrahim,   Greenlee, Jenny Ho, Helen
enforcement by expanding the                  James F. Rill, and the Hon. Douglas H. Ginsburg.
                                                                                                  Knudsen, June Lee, Jeff Lien,
Division’s economics section and by
                                              markets. Judge Ginsburg’s antitrust                 Peggy Loudermilk, Matthew
creating the position of the Deputy
                                              scholarship is widely admired, and his              Magura, Sue Majewski, Levi
Assistant Attorney General for
                                              academic works—ranging in topic from                Marks, Dimitry Mezhvinsky,
Economic Analysis during his tenure as
                                              the application of antitrust law in a               Deborah Minehart, Diane Owen,
the Assistant Attorney General of the
                                              changing economy to the effects of                  Craig Peters, Russ Pittman,
Antitrust Division. His jurisprudence and
                                              extra-jurisdictional remedies—tackle                Joseph Podwol, Yin Jia (Jeff) Qiu,
scholarship further reflect the
                                              complex questions and continue to                   Alex Raskovich, Michael
intellectual rigor that has marked his
                                              influence students, enforcers, and                  Sandfort, Jenny Shanefelter,
distinguished career. He was an
                                              practitioners alike.                                Jessica Stahl, Yair Taylor, Tom
influential judge on the landmark
                                                                                                  Whalen, Tor Winston, Zhongmin
United States v. Microsoft case in 2001,      The Department of Justice looks
                                                                                                  Wang, Peter Woodward, Fan
and the case remains foundational to          forward to presenting Judge Ginsburg
                                                                                                  Zhang
understanding competition in high-tech        with the award this fall.
                                                                                                  Staff Financial Analysts: Joanne
                                                                                                  Legomsky, John Griffin
Spotlight on Women in Leadership
                                                                                                  Healthcare and Consumer
The Antitrust Division is committed to supporting the many women who help                         Products Section
advance the Division’s mission. Within the past year, the Division has welcomed
                                                                                                  Chief Eric Welsh*, Assistant
several women to new roles, including in senior leadership positions.
                                                                                                  Chief Jill Maguire*, Assistant
Rene Augustine                                                                                    Chief Andrew Robinson*
                                                                                                  Staff Attorneys: Jesus Alvarado-
The Division named Rene Augustine as the new DAAG
                                                                                                  Rivera, Shobitha Bhat, Barry
in charge of international and policy matters in July
                                                                                                  Creech, Justin Dempsey, Nate
2019, a position to which she was formally appointed
                                                                                                  Harris, Justin Heipp, Chris Hong,
in January 2020. Augustine served most recently as
                                                                                                  Barry Joyce, David Kelly, Karl
Senior Counsel in the Antitrust Division’s Front Office,
                                                                                                  Knutsen, Garrett Liskey, John
overseeing both the Competition Policy and Advocacy
                                                                                                  Lohrer, Natalie Melada,
Section and the Media, Entertainment, and
                                                                                                  Catherine Reilly, David Stoltzfus,
Professional Services Section. Augustine has
                                                                       Rene Augustine             Brandon Storm, Julie Tenney,
previously served in all three branches of government
                                                              Deputy Assistant Attorney           Chris Wetzel
and in the private sector.
                                                                                General

12
U.S. Department of Justice                                                                International Section
Antitrust Division Update 2020                                                            Chief Lynda Marshall, Assistant
                                                                                          Chief Caldwell Harrop, Assistant
                                                                                          Chief Michelle Rindone
Favorite part of the new role: “I love my job, especially because the international       Staff Attorneys: Aimee Imundo,
and policy programs at the Division cover an incredibly broad range of issues and         Melanie Krebs-Pilotti, Caroline
give me an opportunity to engage with so many bright and interesting people.”             Laise, Tim Longman, Sharon
Best professional advice you’ve received: “I have been fortunate to receive lots of       Mann, Leah McCoy
great advice from mentors during the course of my career. Two pieces of advice            Technical Assistant Coordinator:
stand out: 1) When opportunity knocks, open the door; and 2) Seek a diversity of          Devon Mahoney (Ret. FBI)
experience in your career—it will enhance your judgment and make you more                 Media, Entertainment, and
effective in whatever you are doing.”                                                     Professional Services Section
Kathy O’Neill                                                                             Chief Owen Kendler, Assistant
                                                                                          Chief Lisa Scanlon, Assistant
In July 2019, the Division also welcomed Kathy O’Neill as
                                                                                          Chief Yvette Tarlov
the Senior Director of Investigations and Litigation.
                                                                                          Staff Attorneys: Meagan
O’Neill has been with the Antitrust Division for 12 years,
                                                                                          Bellshaw, Lee Berger, Brittney
and most recently served as Chief of the Antitrust
                                                                                          Dimond, Cory Brader Leuchten,
Division’s Transportation, Energy, and Agriculture
                                                                                          Mona Haar, Steven Kramer,
Section. In her new role, she serves in the Front Office as
                                                                                          Sarah Licht, Gregg Malawer,
the senior-most career civil antitrust attorney, with
                                                                                          Anthony Mariano, Bennett
responsibility over all civil merger and conduct
                                                                                          Matelson, Mark Merva, Lily
investigations and litigation.                                           Kathy O’Neill    Okamuro, John Read, Kate Riggs,
                                                                     Senior Director of   Lauren Riker, Ethan Stevenson,
Favorite part of the new role: “In my time at the
                                                                    Investigations and    Paul Torzilli, Jeffery Vernon,
Division, I’ve had the good fortune to work on a wide
                                                                             Litigation   Mimi Vishio, Rachel Zwolinski
variety of matters and issues and to serve as the Chief of
a terrific and very busy section. In my new role, I am really enjoying getting to bring
                                                                                          New York Office
that experience to bear across the full portfolio of civil case work. I’m also enjoying
working with a broader set of folks. I love working with people who care deeply           Chief Joseph Muoio, Assistant
about the mission, who enjoy grappling with challenging legal issues and working up       Chief Eyitayo (Tee) O. St.
the cases. The Division is full of people like that and now I get to work with even       Matthew Daniel*, Assistant
more of them.”                                                                            Chief Carrie Syme*
                                                                                          Staff Attorneys: Philip D.
Best professional advice you’ve received: “Two great pieces of advice: #1. Hard           Andriole, Bryan Bughman,
work pays off—this is a lesson instilled by my parents that has become central to my      Katherine Calle, Mary Anne
personal ethos. #2. It’s all about the people—if you enjoy the people you work with       Carnival, Helen Christodoulou,
and care about what you do for a living, it makes all the difference.”                    Milosz Gudzowski, Paola Henry,
                                                                                          Eric Hoffmann, Kathryn Kushner,
Women Making History
                                                                                          Ann Lucas, Christopher Maietta,
During Women’s History Month last year, the Division honored the role of women in         Rebecca Meiklejohn, Stephanie
antitrust leadership by formally dedicating the Anne K. Bingaman Auditorium &             Raney, Bryan Serino, Steven
Lecture Hall at the Department of Justice’s Liberty Square Building. Anne Bingaman        Tugander
was the first female Assistant Attorney General (AAG) for the Antitrust Division,
                                                                                          Office of Civil Operations
serving from 1993 to 1996 after being appointed by President Clinton. The
dedication of the auditorium recognizes Bingaman’s many contributions to                  Chief Amy Fitzpatrick
protecting competition on behalf of American consumers. During her tenure, the            Counsel for Civil Operations:
Division investigated Microsoft’s monopolization of PC operating systems and              Soyoung (Jenny) Choe, Tracy
charged 24 major NASDAQ securities firms with fixing transaction costs for                Fisher
investors. We are grateful for Bingaman’s reinvigoration of the Division’s

                                                                                                                       13
U.S. Department of Justice                                                               Office of the Chief Legal Advisor
Antitrust Division Update 2020                                                           Chief Dorothy Fountain, Deputy
                                                                                         Chief Mark Niefer, Deputy Chief
                                                                                         Sarah Oldfield
enforcement efforts, as well as her inspiration to future generations of female          Staff Attorneys: Nina Hale,
antitrust attorneys.                                                                     Kenneth Hendricks, Evan
This year, the Division had planned to celebrate the one-year anniversary of the         Perlman, Hillary Snyder
dedication of the Anne K. Bingaman Auditorium & Lecture Hall by hosting a                San Francisco Office
Women’s History Month celebration at the Hall in March 2020. Although we were
                                                                                         Chief Manish Kumar, Assistant
unable to host the event due to the COVID-19 pandemic, it would have been a
                                                                                         Chief Jacklin Lem, Assistant
wonderful chance to celebrate the promotion of our many women leaders into
                                                                                         Chief Leslie Wulff*
management roles this year. We are proud to announce the following promotions
                                                                                         Senior Litigation Counsel for
or additions since April 2019:
                                                                                         Criminal Enforcement: Mikal
Office of the AAG: Elyse Dorsey (Counsel to the AAG), Kristina Srica (Counsel to the     Condon
AAG), Cecilia Cheng (Rill Fellow); Office of Civil Operations: Amy R. Fitzpatrick        Staff Attorneys: Zachary
(Chief); Competition Policy and Advocacy: Karina B. Lubell (Assistant Chief); Defense,   Abrahamson, Christopher
Industrials, and Aerospace: Katrina Rouse (Chief); Economic Policy: Aditi Mehta          Carlberg, Pam Cole, Jeremy
(Chief); Healthcare and Consumer Products: Jill Maguire (Assistant Chief); New York      Goldstein, Thomas Greene,
Office: Eyitayo (Tee) O. St. Matthew Daniel (Assistant Chief), Carrie Syme (Assistant    Jennifer Hane, Philander Huynh,
Chief); San Francisco Office: Leslie Wulff (Assistant Chief), Mikal Condon (Senior       Paradi Javandel, Elizabeth
Litigation Counsel for Criminal Enforcement); Transportation, Energy, and                Jensen, Andrew Mast, Nolan
Agriculture: Katherine Celeste (Assistant Chief), Patricia Corcoran (Assistant Chief).   Mayther, Arshia Najafi, Howard
                                                                                         Parker, Michael Rabkin, Ken
Spotlight: Women Leaders in Sabre                                                        Sakurabayashi, Albert Sambat,
                                                                                         Andrew Schupanitz, Alexandra
In August 2019, the Antitrust Division       the transaction in April 2020 and the
                                                                                         Shepard, Anne Veldhuis
sued to block Sabre’s $360 million           parties abandoned the transaction in
acquisition of Farelogix, alleging the       May 2020. The Division has since
                                                                                         Technology and Financial
acquisition would eliminate a disruptive     moved to vacate the district court’s
                                                                                         Services Section
competitor from the market for airline       decision granting judgment to
booking services, which allow airlines to    defendants.                                 Chief Aaron Hoag, Assistant
process orders from travel agencies.                                                     Chief Danielle Hauck, Assistant
                                             Throughout the eight-day trial, the         Chief Adam Severt
The Division argued the acquisition
                                             Division benefited from the excellent       Staff Attorneys: Paul Andrew
would eliminate competition from
                                             lawyering of the trial team, including      Allulis, Brendan Ballou-Kelley,
Farelogix, an innovative firm whose
                                             several women who held key roles. This      Sarah Bartels, Bindi Bhagat,
unique approach challenged Sabre’s
                                             paralleled the contributions of women       Michael Eric Blaisdell, Samuel
longstanding position as the leading
                                             leaders during the investigation.           Blesi, Janet Brody, Kent Brown,
provider of booking services in the
United States. Despite its small market                                                  Jessica Butler-Arkow, Sean Kevin
                                             Julie Elmer (Attorney, TFS), the
share, Farelogix presents an important                                                   Carman, Travis Chapman, Nick
                                             litigation lead, delivered the Division’s
alternative for airlines, allowing them to                                               Cheolas, Alex Cohen, Aaron
                                             opening statement, speaking for nearly
negotiate better terms. For consumers                                                    Comenetz, Vittorio Cottafavi,
                                             thirty minutes to a courtroom packed
who travel, Farelogix’s next-generation                                                  Erin Craig, Milly Dick, Christopher
                                             with members of the antitrust bar and
booking services enhance choice and                                                      Dodge, Julie Elmer, Gary Daniel
                                             members of the press. No stranger to
otherwise improve the travel                                                             Feldon, David A. Geiger, Richard
                                             the role, Sabre marks Elmer’s second
experience. Although the District Court                                                  Cameron Gower, Leah Graham,
                                             effort leading a trial team at the
of Delaware ultimately denied the                                                        Daniel Guarnera, Adrienne Hahn,
                                             Division, following the 2017 trial in
Division’s request for injunctive relief,                                                Karl Herrmann, Ian Hoffman,
                                             United States v. Energy Solutions, where
the U.K. Competition and Markets                                                         John Hogan, Ryan Karr, Ihan Kim,
                                             she led the successful challenge to the
Authority issued a statement blocking                                                    John Lindermuth, Alisa Mastro,

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