DOJ official signals firm stance against 'killer acquisitions'

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Department of Justice Associate Attorney General Vanita Gupta called acquisitions of nascent competitors 'one category of particularly concerning transactions.'

"The department will not shy away from similar challenges in the future," Gupta said, adding that the department should remain "careful not to discourage investment in new start-ups. But we should also remember that startups cannot thrive without a competitive economy."In addition, she said she welcomes lawmakers' efforts to provide new tools to enforcers to go after illegal monopolies and transactions.

"The bottom line is that we will not stand by and watch dominant digital platforms thwart competition," Gupta said. "Digital markets may involve new technologies, but the tactics of these digital platforms are nothing new. Buying would-be rivals. Boxing out firms who won't be bought. Leveraging a monopoly position in one market to grow a position in another. The Department of Justice has dealt with these tactics from the likes of Standard Oil and. We will do so again whenever the facts and the law demand action to protect the economy, no matter how powerful the violator.

Biden nominated tech critic Lina Khan to lead the Federal Trade Commission, and his nominee to lead the Antitrust Division, Jonathan Kanter, was a favorite among progressives seeking greater enforcement of antitrust laws. Kanter still awaits Senate confirmation, but he would report to Gupta if confirmed.

 

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