Antitrust: DOJ and FTC Jurisdictions Overlap, but Conflicts are Infrequent

Antitrust laws seek to protect economic liberty and opportunity by encouraging free and fair competition in the marketplace. Competition in a free market benefits American consumers by lowering prices, improving quality, and expanding their options. Concerns have been raised about areas of conflict between the DOJ and the FTC in antitrust enforcement actions. A provision in a House report accompanying the 2021 Consolidated Appropriations Act directed the Government Accountability Office to investigate DOJ and FTC antitrust actions.

This report to Congressional Committee summarizes the GAO findings and describes:
(1) The DOJ and FTC’s jurisdictions in antitrust cases, as well as the extent to which the jurisdictions overlap
(2) The process used by the DOJ and FTC to determine the investigative agency in a case and how frequently conflicts arise
(3) The extent to which antitrust cases have resulted in conflicts between the DOJ and FTC after an investigative agency has been identified. GAO also examined statutes, relevant agency policies, and the Departments of Justice and the Federal Trade Commission’s annual competition reports for fiscal years 2000–2020, the most recent data available.