The Antitrust Division enforces federal antitrust and competition laws. These laws prohibit anticompetitive conduct and mergers that deprive American consumers, taxpayers, and workers of the benefits of competition.
The origins of these laws date back to the Sherman Antitrust Act of 1890, which outlawed “every contract, combination, or conspiracy in restraint of trade,” and sought to stop companies from monopolising markets or engaging in unfair business practices.
Shortly thereafter, in 1914, Congress passed two additional pillars of antitrust law: the Clayton Antitrust Act and the Federal Trade Commission Act.
The Sherman Antitrust Act
The Sherman Antitrust Act prohibits agreements that unreasonably restrict trade. Under this law, arrangements between competitors to fix prices or wages, rig bids, or divide markets, customers, or workers are treated as criminal offences. Certain other conduct — such as exclusive agreements that limit market access or reduce competition — may also breach the Act and lead to civil enforcement.
This Act further makes it unlawful to monopolise, attempt to monopolise, or conspire to monopolise any market for goods or services. A monopoly becomes illegal when a company gains or maintains dominant market power not through genuine competition, but by suppressing rivals through anticompetitive behaviour. These offences can result in either criminal prosecution or civil action.
The Clayton Act
The Clayton Act was introduced to strengthen fair competition and prevent business practices that harm consumers or distort markets. It targets conduct such as tying arrangements, predatory pricing and mergers that risk reducing competition.
A merger is considered unlawful if it lessens competition or creates a risk of monopoly in a particular market. Such mergers can result in higher prices, fewer choices for consumers, and potentially lower wages or reduced job options for workers.
A tying arrangement becomes illegal when a company requires customers to buy one product (the tying product) in order to buy another (the tied product). By bundling products in this way, a company restricts customer choice and may unfairly disadvantage competitors. Predatory pricing occurs when a company deliberately sets extremely low prices to eliminate competitors. Once rivals have been forced out, the company can raise prices due to reduced or eliminated competition.
The Federal Trade Commission Act
The Federal Trade Commission Act serves as the primary statute governing the Commission, granting it broad authority to regulate commerce and protect consumers. Under this Act, the Commission is empowered to prevent unfair methods of competition and deceptive or unfair business practices, seek monetary redress and other remedies for conduct harmful to consumers, and establish rules that clearly define such unfair or deceptive practices while setting requirements to prevent them. Additionally, the Commission can gather and analyse information, conduct investigations into the organisation, practices, and management of businesses engaged in commerce, and submit reports and legislative recommendations to Congress and the public. Several other statutes are also enforced under the framework of the FTC Act, enhancing its role in maintaining fair and transparent markets.
The Enforcers
Both the Federal Trade Commission (FTC) and the U.S. Department of Justice (DOJ) Antitrust Division are responsible for enforcing federal antitrust laws. While their powers sometimes overlap, in practice the two agencies work in a complementary manner. Over time, each has developed specialised expertise in specific industries and markets.
Antitrust Laws And Big Tech
Written over 100 years ago, US antitrust laws are now being used to police modern tech markets. Regulators are examining whether giants like Google, Meta, Apple and Amazon among others their dominance to stifle competition.
Here’s where the biggest antitrust battles stand today:
Google is fighting two major antitrust cases in the US. A Washington court has ordered it to share more data with rivals and stop exclusive deals that block competing services on devices. Google is appealing, and won’t be forced to sell Chrome or Android. Even so, the market is shifting. Google is already loosening contracts, and Apple plans to roll out AI-powered search alternatives.
Meta
The US Federal Trade Commission tried to make Meta break up or sell Instagram and WhatsApp to revive competition. Meta countered that acquiring companies with strong new features is a legitimate strategy, and pointed to competition from TikTok, YouTube and Apple’s messaging apps. A US judge agreed, ruling the FTC was wrong to ignore YouTube and TikTok when assessing Meta’s market power.
Amazon
Amazon is facing an FTC lawsuit in Seattle over claims it used anti-competitive tactics to protect its lead in online retail. Regulators say an Amazon algorithm inflated prices for US shoppers by more than $1 billion. Amazon says it scrapped the tool in 2019. A judge refused to throw out most of the case, and the trial is set for February 2027.
Apple
The Justice Department and several states are suing Apple, claiming it blocks competition by restricting how apps and third-party devices work with the iPhone. They argue this keeps users locked into Apple’s ecosystem.
Microsoft
In 2024, the FTC launched a probe into Microsoft over potential abuse of market power in productivity software, including licencing terms that may prevent customers from moving data to rival platforms.
NVIDIA
The DOJ is investigating NVIDIA, the semiconductor company behind chips powering many AI applications and the first company to reach a $4 trillion valuation. As of now, no lawsuit has been filed.
Overall, US antitrust laws remain an important tool for ensuring markets stay open, innovative and fair. As enforcement evolves and high-profile cases unfold, the outcomes will influence not only Big Tech but also how competition is safeguarded for consumers, workers and businesses in every industry in the years ahead.