DOJ Ramps Up Unique Tool in Antitrust Suits to Shape Case Law

The US Justice Department is increasingly intervening in private antitrust cases, hoping to shape the law in suits alleging algorithmic price-fixing, anticompetitive deals, and other violations.

The DOJ’s so-called statements of interest allow the agency to weigh in on how competition law should be applied without straining its resources, at a time when its antitrust division is seeking additional funding from Congress.

Agency watchers expect the DOJ to continue using the tactic regardless of the next administration, as antitrust enforcement—especially in high-profile cases like the rental price-fixing suit against RealPage Inc.—remains a priority. But more frequent use of the tool, ...