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New Streamlined DOJ Procedure Makes Modifying or Terminating Old Antitrust Settlements and Litigated Judgments Easier

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 important ways.

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 DOJ Announcement

The updated procedure can be found in the Division Manual on the Antitrust Division’s website.




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