When a USAO has sought and received the approval of the AAG or the AAG’s designee to independently investigate antitrust violations, see JM 7-1.400, the United States Attorney is responsible for assessing the weight of the evidentiary support and litigation strategy in recommending charges or other final dispositions to the Antitrust Division. The Antitrust Division’s review in that case is limited to an analysis of whether the facts presented meet the legal and policy requirements for an antitrust violation.

[updated June 2022]