On Friday, Google and the U.S. Justice Department were in court over allegations that the tech giant unlawfully maintained a monopoly in search advertising. The proceedings, held before U.S. District Judge Amit Mehta in Washington, D.C., mark a critical moment in one of the most significant antitrust trials in recent... Read More »
DOJ’s Antitrust Division Leader Makan Delrahim Steps Down
Assistant Attorney General for the Antitrust Division Makan Delrahim has stepped down from his position after serving for nearly three years. His resignation came one day before President Biden was sworn into the White House. The news of his resignation did not come as a shock as Delrahim announced toward the end of last year that he was planning to leave at the end of President Trump's first term regardless of who won the election.
Delrahim was sworn into his position on September 27, 2017, through a 19-1 bipartisan vote. In his short time as Assistant Attorney General for the Antitrust Division, Delrahim racked up several accomplishments, some of which included overseeing and reviewing nearly 200 proposed mergers and acquisitions. He also oversaw more than 100 criminal indictments in investigations. Among his accomplishments in the Antitrust Division was his ability to create a socially conscious work environment that celebrated diversity and inclusion across the division. Some of his notable workplace policies included a zero-tolerance sexual harassment policy
One of the more notable moments of his career was the DOJ’s effort to stop the merger between AT&T and Time Warner. Democrats have speculated that the DOJ’s interference in the merger may be related to Trump's strong feelings about CNN, a network that Time Warner owns. Former President Trump denies these claims. In 2018 a judge ruled in favor of AT&T.
Delrahim drafted a resignation letter for the administration and the department. In the resignation letter, Delrahim does not make direct reference to the AT&T merger. He did however share his insight on the Antitrust Division and ways in which the department could work more efficiently. In an interview with CNBC, Delrahim explains that there would be a benefit to dividing enforcement of antitrust across federal and state agencies. Delrahim adds, “At some time maybe Congress should take a look at does this all make sense.”
Delrahim explains the same in his resignation letter as he shares his thoughts on the changing landscape of antitrust laws. He says, “Today, antitrust is at the forefront. Spurred by the social, political, and economic crises of our time, today we are all participants in a spirited public discussion about the goals and limits of antitrust. In many ways, 2020 was an inflection point in that conversation—and perhaps a signal that we have pivoted from discussion to action.”
Delrahim has been recused from the lawsuits against tech giants Google and Facebook but still offered his thoughts about the “extraordinary influence of tech giants in matters of public policy.” Delrahim highlights the importance of building partnerships with tech giants to maintain a “civil democratic society.”
In the final words of his resignation letter, Delrahim offered his vision of what the antitrust division should look like. He explains, “Today, I suggest another model. A hybrid public-private rulemaking body with limited government oversight to advance the goal of increasing competition and consumer trust in online platforms. This design will benefit from positive incentives to establish rules that benefit all stakeholders and harness the ingenuity and technical expertise of the private sector to do so.” Delrahim added, “This body also could implement rules that products and services should not face discrimination from dominate and essential platform operators, either on the basis that they compete with another product that the platform operator provides, or on the basis that they espouse viewpoints inconsistent with those of the platform operators.”
President Biden has nominated Merrick Garland as the new Attorney General. Garland has yet to name someone who will take over leading the Antitrust Division.
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