Documents/FTC/2: Maintain Competition/2.2: Law Enforcement

2.2: Law Enforcement

Stop anticompetitive mergers and business practices through law enforcement

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This enforcement objective includes both obtaining orders to stop anticompetitive activity (either through litigation or by consent) and ensuring that the remedies imposed by those orders are effective. Conduct that reduces competition is likely to cause consumers to pay higher prices or enjoy lower quality than they otherwise would. Antitrust enforcement provides substantial benefits to consumers by preventing anticompetitive mergers and other coordinated or unilateral conduct that is likely to lessen competition. Strategies: • Continue to benefit consumers in markets involving billions of dollars in annual sales by challenging anticompetitive mergers and other nonmerger anticompetitive conduct, negotiating consent orders, and winning litigated orders, resulting in millions of dollars in consumer savings. • Negotiate merger and nonmerger consent orders and win litigated orders that have significant remedial, precedential, and deterrent effects. • Improve negotiation and litigation skills through continuous learning. • Apply the merger process reforms to conduct investigations more efficiently, in order to enhance enforcement outcomes while minimizing burdens on business. • Improve the FTC’s capacity to promote consumer welfare by applying the information gained through workshops, hearings, and research projects that improve its understanding of significant antitrust issues. • Retain outside experts and consultants in relevant fields of expertise, as needed, when enforcement outcomes would be enhanced by specialized supplementary resources. • Continue to integrate e-government initiatives into mission activities. • Ensure that administrative litigation and adjudication reach a timely resolution. • Improve the integration of budget and performance by linking goals and objectives to results; develop improved processes for use and analysis of management data. Annual and Five-Year Performance Measures: - Achieve a positive result in at least 80% of cases in which the FTC takes enforcement action each year - Take action against mergers likely to harm competition in markets with a total of at least $125B in sales over 5-year period; $25B in sales each year - Save consumers an estimated $2.5B over 5-year period through merger enforcement; $500M each year - Save consumers at least six times the amount of agency resources allocated to the merger program over 5-year period - Take action against nonmerger anticompetitive conduct in markets with a total of at least $40B in annual sales over 5-year period; $8B each year - Save consumers an estimated $400M over 5-year period through nonmerger enforcement; $80M each year - Save consumers at least four times the amount of agency resources allocated to the nonmerger enforcement program over 5-year period

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