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Asistant AG Slater criticizes Big Law for obstructive
tactics in
antitrust cases
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DOJ leadership allegedly influenced by politically
connected
lobbyists
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Slater forms task force to address abusive practices in
antitrust cases
By Jody Godoy
Aug 29 (Reuters) - The head of the U.S. Department of
Justice's antitrust division criticized what she said were
problematic tactics used by some Big Law firms in antitrust
cases on Friday, saying recent incidents where courts have
chastised Alphabet's Google and Apple ( AAPL ) for
hiding or destroying evidence are "just the tip of the iceberg."
Assistant Attorney General Gail Slater went on the offensive
against "tactics of obstruction and gamesmanship" in her first
public address since DOJ leadership fired two of her deputies
after Slater pushed back on orders to settle a case on the eve
of trial. One of the deputies has spoken out, alleging that DOJ
leadership allowed politically connected lobbyists to override
prosecutors.
"Unfortunately, we at the Antitrust Division have concluded
that a few actors - many of them at Big Law firms - can
undermine sound antitrust enforcement for everyone," Slater said
at a Federalist Society event in Columbus, Ohio, according to
her prepared remarks.
A longtime antitrust attorney and former economic adviser to
JD Vance, Slater was appointed in March to lead the DOJ's
antitrust division, which enforces laws blocking anticompetitive
business conduct.
She has spoken often about how antitrust enforcement can deliver
economic benefits for U.S. President Donald Trump's
working-class base, by going after practices that raise the cost
of food, housing and healthcare.
But that populist mission is running up against
"MAGA-In-Name-Only lobbyists" who seek to leverage influence to
settle cases, Roger Alford, Slater's former deputy, said in a
speech in Aspen, Colorado, on August 18.
After Slater pushed back on orders from DOJ leadership to
settle a case that sought to block Hewlett Packard Enterprise's ( HPE )
$14 billion acquisition of Juniper Networks, Alford and
another deputy were fired by DOJ leadership in July. Democratic
lawmakers have called on the court overseeing the case to probe
how the settlement was reached.
Slater said on Friday that she is convening a task force within
the antitrust division to crack down on abusive practices. She
dubbed the effort "comply with care" - a riff on Google's
"communicate with care" policy, which prosecutors said allowed
Google to wrongly withhold tens of thousands of documents by
labeling them "attorney/client privileged."
"For parties that choose to push the boundaries of fair play
or even flout them outright, we will not shy away from pursuing
them, taking advantage of the full range of available penalties.
And we will not hesitate to bring issues to court," she said.