Our Curious Amalgam #343 FTC v. DOJ: Who Wore It Better?
Sep 15, 2025
Debbie Majoras, former FTC Chair and DOJ Antitrust Division Deputy Assistant Attorney General, shares her extensive experience in antitrust enforcement. She discusses the historical reasons for having both the DOJ and FTC and the cultural differences that influence their approaches. Debbie highlights the challenges related to agency jurisdiction and the impact of their distinct statutory powers on businesses. She also offers valuable advice for future enforcers, emphasizing the importance of consumer welfare and transparency in enforcement.
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Benefits Of A Dual-Agency System
- The U.S. dual antitrust structure provides institutional independence and specialized expertise across agencies.
- Having both competition and consumer protection under the FTC brought potential synergies if bureaus cooperate.
The Clearance Mediation Trophy
- Debbie Majoras described mediating a 16-month clearance impasse between DOJ and FTC that ended with a DOJ victory.
- She kept a boxing trophy from that mediation as a reminder of the embarrassing clearance process.
Congressional Turf Blocks Fixes
- Congressional committee turf fights blocked agency efforts to fix clearance by industry allocation.
- That political reality makes consolidating enforcement under one agency politically challenging.
