Rev Ind Organ (2011) 39:327–334
The Antitrust Division: Economic Issues Presented
W. Robert Majure
Published online: 18 November 2011
© Springer Science+Business Media, LLC (outside the USA) 2011
Abstract The Antitrust Division of the US Department of Justice had a number
of interesting cases during the last year. The merger between Comcast and NBC-
Universal presented an interesting challenge of preserving existing competition from
an emerging technology. The abandoned attempt by NASDAQ to acquire NYSE shed
light on a number of competitive interactions between ﬁnancial exchanges. Hospital
contracts in Texas illustrated that exclusive dealing is still a violation of Section “NAS-
DAQ’s Proposed Acquisition of NYSE” and will be pursued by the Antitrust Division.
And, a number of cases as well as a new policy guide on the subject demonstrate that the
Antitrust Division will work with parties and accept innovative remedies to eliminate
competitive problems in ways that may better preserve efﬁciencies.
Keywords Competition · Antitrust · Regulation
The US Department of Justice (DOJ) has a ﬁrm policy against discussing active cases,
particularly matters in litigation. Our year-in-review articles nonetheless have been of
interest over the years largely because most antitrust investigations end without the
kind of public debate of the issues that happens in litigated cases.
However, at the time of writing this year’s article, the Antitrust Division has a
remarkable number of matters in active litigation. Somewhat ironically, these include
the matters that are probably of particular interest: US and Plaintiff States vs. AT&T,
Inc. et al.; US and State of Michigan vs. Blue Cross Blue Shield of Michigan; US vs.
H&R Block, Inc. et al.; and US and Plaintiff States vs. American Express Company,
et al. present a wide range of issues that will have to be deferred to a future discussion.
W. R. Majure (
Antitrust Division, U.S. Department of Justice, 450 Fifth Street, NW, Washington, DC, 20530, USA