Our Curious Amalgam #343 FTC v. DOJ: Who Wore It Better?
Sep 15, 2025
Debbie Majoras, former FTC Chair and DOJ Antitrust Division Deputy Assistant Attorney General, shares her extensive experience in antitrust enforcement. She discusses the historical reasons for having both the DOJ and FTC and the cultural differences that influence their approaches. Debbie highlights the challenges related to agency jurisdiction and the impact of their distinct statutory powers on businesses. She also offers valuable advice for future enforcers, emphasizing the importance of consumer welfare and transparency in enforcement.
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Congressional Turf Blocks Fixes
- Congressional committee turf fights blocked agency efforts to fix clearance by industry allocation.
- That political reality makes consolidating enforcement under one agency politically challenging.
Procedural Divergence Harms Predictability
- Different procedural tracks between FTC and DOJ can create distinct legal standards and outcomes for the same merger.
- Majoras argues transparency, consistency, and fairness must replace coin-flip outcomes from clearance.
Minimize Transactional Uncertainty
- Reduce uncertainty for business by clarifying which agency will review a transaction as early as possible.
- Strive for predictable processes so clients can plan and comply effectively.
