The U.S. Department of Justice (DOJ) has escalated its involvement in private antitrust cases, with aims to inform the law on lawsuits asserting algorithmic price-fixing, anti-competitive agreements, and further infractions.
The DOJ’s so-called statements of interest empower the department to influence the application of competition law without overburdening its resources. This strategy has become increasingly pertinent as the DOJ’s antitrust division seeks supplementary funding from Congress.
Industry observers anticipate that the DOJ will persist in employing this approach, irrespective of the composition of future administrations. This is especially true as antitrust enforcement, particularly in high-profile cases like the rental price-fixing lawsuit against RealPage Inc., maintains a high priority.
The department has recently intervened in significant antitrust cases involving hotels and housing price-fixing. Nevertheless, this growing trend of filings has led to questions over the potential overuse of the DOJ’s tool.