Arlington, VA – In a concerning trend, the Department of Justice (DOJ) has dropped antitrust cases against landlords, oil companies, a travel management company, and investment advisors—mere weeks before a new administration assumes office.
Tirzah Duren, President of the American Consumer Institute (ACI), criticized the timing and approach, stating:
“The DOJ and the Federal Trade Commission (FTC) have significantly eroded their credibility by pursuing cases that seem more politically motivated than rooted in sound economic principles. Dropping cases at the eleventh hour before a transition of power perpetuates the troubling politicization of antitrust enforcement.”
Under the Biden Administration, antitrust policy has gained heightened visibility in political discourse. However, for consumers, this prominence has often come at the expense of the Consumer Welfare Standard, which prioritizes consumer harm as the cornerstone for determining the legitimacy of antitrust cases. Instead, agencies have increasingly pursued cases based on structuralist measurements, such as market size, with insufficient regard for the consumer benefits that could be jeopardized.
While the merits of each case may vary, the abrupt nature of these decisions suggests a broader pattern: a last-ditch effort to cement controversial enforcement trends that have historically undermined consumer interests.
The American Consumer Institute remains committed to antitrust principles and policies that genuinely protect consumers, ensuring that enforcement efforts prioritize measurable consumer harm over politicized objectives.
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