Attorney General Garland Commits to Strengthening Antitrust Division and Curbing Concentrated Corporate Power

September 20, 2023 Press Release

Washington, D.C. — In an exchange at the an oversight hearing today in the House Judiciary Committee, Department of Justice Attorney General Merrick Garland publicly committed to returning $50 million in appropriations funding from merger filing fees back to the Antitrust Division, after being probed by Representative Ken Buck, one of Congress’ most stalwart advocates for robust antitrust enforcement. In response, Economic Security Project Action and American Economic Liberties Project released the following statement.

“Today, Attorney General Garland reminded us what it looks like when leaders stand up to defend economic competition and innovation,” said Anna Aurillio, Senior Director of Campaigns for Economic Security Project Action. “Congress took a significant step by passing legislation to make sure that the antitrust division has the funding needed in order to go toe to toe with companies seeking to use their economic clout to dominate the market, progress that could be derailed in the appropriations process. Fortunately, Attorney General Garland went to bat for the Antitrust Division in a major way when he indicated his willingness to defend its funding”

“Today, Attorney General Merrick Garland showed he’s serious about taking on monopoly power,” said Matt Stoller, Director of Research at the American Economic Liberties Project. “The DOJ Antitrust Division has undertaken crucial work to curb concentrated corporate power and promote competition throughout the economy. A strong antitrust division means a more resilient, fair, and stronger economy for honest businesses and working families.”

At the hearing today, Attorney General Merrick Garland was asked by Ken Buck whether he would return $50 million in appropriations funding — from the recently passed Merger Filing Fee Modernization Act — that was slated to go to the DOJ Antitrust Division before it was cut in the Senate.

Attorney General Garland responded by saying, “Yes, I will, and one of the first things I did and in the first budget opportunities that I had was to ask for more money for the Antitrust Division than it had ever been given in quite a long time and to ask for the fees that are paid for purposes of merger analysis be given to the Antitrust Division directly rather than to go into a general fund.”

In August, Economic Security Project Action, the American Economic Liberties Project, and 28 other groups sent a letter to Senate appropriators warning against a provision in the bill that would have diverted $50 million in funding away from the antitrust division and to a general operations fund. The coalition argued that as the Antitrust Division ramps up cases against big-name companies like Google, Live Nation-Ticketmaster, and JetBlue-Spirit, proper and direct funding for the upcoming fiscal year will be crucial.

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The American Economic Liberties Project works to ensure America’s system of commerce is structured to advance, rather than undermine, economic liberty, fair commerce, and a secure, inclusive democracy. Economic Liberties believes true economic liberty means entrepreneurs and businesses large and small succeed on the merits of their ideas and hard work; commerce empowers consumers, workers, farmers, and engineers instead of subjecting them to discrimination and abuse from financiers and monopolists; foreign trade arrangements support domestic security and democracy; and wealth is broadly distributed to support equitable political power.