Justice Looks to Sway Private Antitrust Law With More Briefs

The DOJ’s antitrust division is leaning on legal briefs to influence competition law even when it lacks the time and resources to join private litigation as a party.

In deploying statements of interest in private cases—such as challenges to no-poach pacts between employers—division head Jonathan Kanter is focusing on clarifying the law while laying the groundwork for potential future major cases, according to former DOJ staff and antitrust lawyers.

“Under Trump and even more so under Biden, there’s more of an appetite to litigate, even if they’ll possibly lose,” said Daniel Crane, a University of Michigan Law School professor. “The ...