If a law enforcement agent or attorney outside the Antitrust Division identifies evidence of a potential antitrust violation, they should contact the Antitrust Division, which will determine whether the Antitrust Division or the Federal Trade Commission is investigating or has investigated the same conduct, and if not, who should investigate and prosecute it, if warranted. Contact information is available at: Antitrust Division Leadership, Section, and Office Directory.

In most cases, the Antitrust Division will investigate alleged anticompetitive conduct. A United States Attorney’s Office can independently investigate and prosecute civil and criminal antitrust violations only after first seeking and receiving the approval of the Assistant Attorney General or the Assistant Attorney General’s designee. See JM 7-3.600 for more information on criminal approvals.

All requests to initiate antitrust investigations—whether civil or criminal—are subject to a long-standing inter-agency “clearance” process with the Federal Trade Commission. The Antitrust Division has exclusive jurisdiction over alleged criminal conduct.

[updated April 2022]