Chapter III: Civil Investigations
Chicago associate Justin Kay and Washington, D.C., associate Lee Roach are the co-authors of Chapter III of the ABA Section of Antitrust Law’s DOJ Civil Antitrust Practice and Procedure Manual. In thirteen chapters, the manual covers topics ranging from the history of the Division, to the procedures the Division employs when commencing an investigation, to the Division’s role in shaping international antitrust policies. The manual is intended to provide practical guidance to practitioners and companies participating in an investigation or litigation with the Division.
Chapter III, titled “Civil Investigations,” explains the considerations underpinning a decision by the Division to commence a Preliminary Investigation and the procedures the Division follows upon opening one, including how the Division and the FTC allocate their overlapping jurisdiction for enforcement of the Antitrust Laws.