United States

Dual enforcement by the DOJ Antitrust Division (criminal and civil) and FTC (civil only). State attorneys general also enforce federal and state antitrust laws. Private parties can bring suit under the Sherman and Clayton Acts.

The DOJ and FTC coordinate through clearance procedures to avoid duplication. The DOJ typically handles criminal cartel cases, while the FTC focuses on merger review and unfair methods of competition.

Section 1 of the Sherman Act prohibits agreements in restraint of trade. Price fixing, market allocation, and bid rigging are per se illegal (criminal offences). Rule of reason applies to other horizontal agreements including joint ventures and standard-setting.

Criminal penalties include imprisonment up to 10 years for individuals and fines up to USD 100 million for corporations. The DOJ has an active criminal enforcement programme with dozens of prosecutions annually.

Vertical agreements are generally assessed under rule of reason since Leegin (2007). RPM is no longer per se illegal. Exclusive dealing, tying, and exclusive territories are assessed based on market foreclosure analysis.

The FTC has signalled renewed interest in vertical restraints enforcement, particularly in healthcare and tech. State antitrust laws may impose stricter rules on vertical arrangements.

Section 2 of the Sherman Act prohibits monopolisation and attempted monopolisation. Requires market power plus exclusionary conduct. Recent cases focus on tech monopolies (Google, Meta, Apple). The FTC Act Section 5 covers broader unfair methods of competition.

The DOJ's Google search monopoly case resulted in a landmark 2024 ruling finding violation of Section 2. FTC cases against Meta and Amazon are ongoing. Standard is higher than EU — requires proof of anticompetitive effects.

Hart-Scott-Rodino (HSR) Act requires pre-merger notification above the size-of-transaction threshold (USD 119.5m in 2024, adjusted annually). Dual review by DOJ and FTC. Waiting period of 30 days (15 for cash tender offers), extendable by Second Request.

The 2023 Merger Guidelines updated the HHI thresholds and analytical framework. Focus on labour markets, nascent competition, and platform markets. Challenge rate has increased significantly under current administration.

DOJ's Corporate Leniency Policy (updated 2023) grants automatic amnesty to the first qualifying corporation to report cartel activity. Individual leniency also available. The programme has been the primary source of cartel detection since 1993.

Conditional leniency available through the marker system. Leniency cooperators must provide full cooperation and restitution. Leniency Plus incentivises disclosure of additional cartels.

Consent decrees are the primary settlement mechanism. DOJ and FTC negotiate remedies (divestitures, behavioural commitments) with merging parties. Criminal cases may result in plea agreements. FTC consent orders are subject to public comment.

Consent decrees are approved by federal courts and are enforceable. The FTC has moved toward stronger remedies including structural divestitures over behavioural conditions.

Criminal fines up to USD 100 million for corporations and USD 1 million for individuals (or twice the gain/loss). Imprisonment up to 10 years. Civil treble damages for private plaintiffs. Disgorgement available in FTC actions.

The DOJ has imposed fines exceeding USD 1 billion in individual cases. Prison sentences have increased, with median sentences of 18-24 months for cartel offences.

No ex ante digital markets legislation (unlike EU DMA). Multiple bills proposed but not enacted (American Innovation and Choice Online Act, Open App Markets Act). Enforcement relies on existing antitrust law. Major cases against Google, Apple, Meta, and Amazon.

FCC (telecoms), FERC (energy), SEC (securities), banking regulators share concurrent jurisdiction. State attorneys general also enforce antitrust laws, often in parallel with federal agencies.

DOJ uses FBI and other law enforcement for dawn raids with search warrants. Grand jury subpoenas for criminal investigations. Civil Investigative Demands (CIDs) for non-criminal matters. FTC uses compulsory process including subpoenas and orders to file special reports.

Digital evidence collection increasingly important. Attorney-client privilege protections apply. Fifth Amendment protections for individuals in criminal investigations.

The US has the world's most active private antitrust litigation system. Treble damages under Section 4 of the Clayton Act. Class actions are common. Follow-on and standalone claims both available.

Private enforcement accounts for approximately 90% of all US antitrust actions. Major class action settlements include payment card interchange (USD 5.6bn) and LCD panels (USD 1.1bn). Discovery rules facilitate plaintiff access to evidence.

Extensive bilateral cooperation agreements with the EU, UK, Canada, Australia, Japan, and others. Active in ICN (founding member), OECD Competition Committee. DOJ and FTC coordinate on multi-jurisdictional merger reviews and cartel investigations.

Aggressive enforcement in tech (Google monopoly ruling, FTC v. Amazon, DOJ v. Apple). Increased criminal cartel enforcement. Tighter merger scrutiny with more challenges and longer reviews. Focus on labour market competition and non-compete agreements.