|New Streamlined DOJ Procedure
Makes Modifying or Terminating Old Antitrust Settlements and Litigated
The new procedure, which is voluntary and effective immediately, updates
a 1999 protocol. The new process can be used by parties seeking to
modify or terminate perpetual decrees–settlements and litigated
judgments–entered prior to 1980.
The updated procedure differs from the present procedure in two
First, the party seeking termination or modification will no longer be
subject to the extensive discovery that was required by the 1999
protocol. This should result in a substantial reduction in the cost of
seeking decree termination.
Second, when responding to a request to terminate or modify qualifying
legacy decrees, the department will no longer conduct an in-depth
investigation into the relevant markets due to the significant changes
that have taken place.
“The new streamlined procedure will expedite the review process for
legacy decrees and will benefit both the defendants and the department
by eliminating costly and time intensive investigations,” according to
Bill Baer, Assistant Attorney General in charge of the Department of
Justice’s Antitrust Division.
To learn more please read the
The updated procedure can be found in the
Division Manual on the
Antitrust Division’s website.