Review of Industrial Organization 21: 373–397, 2002.
© 2002 Kluwer Academic Publishers. Printed in the Netherlands.
Recent Antitrust Enforcement Actions by the U.S.
Department of Justice: A Selective Survey of
MICHAEL L. KATZ
Antitrust Division, U.S. Department of Justice, 10th Floor, 450 Golden Gate Avenue, Box 36046,
San Francisco, CA 94102-3478, U.S.A.
Abstract. This paper discusses some of the most interesting economic issues raised by U.S. Depart-
ment of Justice Antitrust Division proceedings that had signiﬁcant developments between June 1,
2001 and May 31, 2002. The paper reviews six recent merger enforcement actions and three actions
involving unilateral anticompetitive conduct.
Key words: Antitrust, exclusionary practices, merger policy, predation.
Although U.S. merger activity is much less frenzied than in the boom times of
1997 through 2000, the Antitrust Division of the U.S. Department of Justice (“Di-
vision”) has been busy. In 2001, the last full year for which statistics are available,
the Division received 2,376 Hart-Scott Rodino premerger notiﬁcations, down from
4,926 the year before.
However, the Division initiated 275 investigations during
2001, which is only nominally fewer than the 277 investigations initiated in 2000.
In this paper, I discuss some of the most interesting economic issues raised
by Division proceedings that had signiﬁcant developments between June 1, 2001
and May 31, 2002. I have not attempted to pick the “most important” cases. For
example, I have not included any of the many successful criminal prosecutions
that occurred over the sample period, such as those growing out of the price-ﬁxing
conspiracy involving the former heads of the two famous auction houses, Sotheby’s
The author is the Deputy Assistant Attorney General for Economic Analysis at the U.S. Depart-
ment of Justice. This paper does not draw on any conﬁdential materials or information. The views
expressed are those of the author and do not necessarily represent the views of the U.S. Department
of Justice. The author is grateful to Andrew Dick, Norm Familant, Ken Heyer, Diane Owen, Beth
Reardon, George Rozanski, and Gregory Werden for helpful comments and suggestions.
Antitrust Division Workload Statistics FY 1992–2001, available at