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Trump DOJ Antitrust Nominee Faces Senate Scrutiny

Editorial
Last updated: March 10, 2025 9:45 am
Editorial
Published February 12, 2025
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The word Justice on a Courtroom Building.

Gail Slater, President Donald Trump’s nominee to head the U.S. Department of Justice’s antitrust division, is set to face rigorous questioning from the Senate Judiciary Committee regarding her commitment to antitrust enforcement.

Slater, an experienced antitrust attorney and economic adviser to Vice President JD Vance, has a background that includes work with major technology firms, raising concerns about potential industry biases, Reuters reported.

If confirmed as Assistant Attorney General for the Antitrust Division, Slater would be responsible for overseeing enforcement actions against monopolistic and anti-competitive practices, including ongoing cases against Alphabet Inc.’s Google and Apple Inc. Her confirmation hearing is expected to highlight concerns from Senate Democrats regarding the independence of the DOJ under the Trump administration.

Concerns Over DOJ Independence and Enforcement Commitment

Democratic lawmakers have voiced apprehensions that the DOJ’s independence has been compromised under Trump, particularly in the wake of recent shifts in enforcement priorities. Senator Cory Booker of New Jersey, the ranking member of the Senate’s antitrust subcommittee, expressed specific concerns about how efforts by Trump-aligned figures, including Tesla CEO and Trump adviser Elon Musk, to reduce the federal workforce could impact antitrust enforcement efforts.

“Any efforts by Musk and Trump to fire or push out federal employees charged with enforcing our antitrust laws will hurt Americans at a time when families are struggling to make ends meet, pay their rents and mortgages, and buy groceries,” Booker stated ahead of the hearing.

Senator Peter Welch of Vermont is expected to seek assurance from Slater that she will continue the Biden administration’s initiatives in regulating monopolistic practices within the healthcare, agriculture, and housing sectors. Under both Trump and Biden, the DOJ’s antitrust division has aggressively pursued cases against corporate consolidation, with litigation targeting Google, Apple, Live Nation, and Visa for alleged monopolistic behavior.

Bipartisan Interest in Big Tech Regulation

While Democratic senators have raised concerns about potential politicization of antitrust enforcement, Republican lawmakers have signaled support for Slater’s nomination. Senator Mike Lee of Utah, the Republican chair of the antitrust subcommittee, emphasized the importance of maintaining the Trump administration’s approach to challenging Big Tech monopolies.

“Slater will successfully lead the Antitrust Division in defending American consumers and continue President Trump’s first administration work to rein in Big Tech monopolies,” Lee stated.

Despite bipartisan interest in scrutinizing major technology firms, Slater’s prior experience representing Big Tech firms at the now-defunct Internet Association raises questions about potential conflicts of interest. Additionally, her past roles at Fox Corp and Roku add further complexity to her anticipated approach to enforcement.

Trump Administration’s Shifts in Anti-Corruption Efforts

Beyond antitrust concerns, the Trump administration has recently come under scrutiny for scaling back enforcement of the Foreign Corrupt Practices Act (FCPA), which prohibits companies from engaging in bribery abroad. The administration has also directed prosecutors to drop high-profile corruption cases, including one against New York Mayor Eric Adams.

Attorney General Pam Bondi defended these decisions, arguing that they align with Trump’s goal of preventing the DOJ from being “weaponized” against his political allies. However, legal experts warn that these actions signal an administration increasingly willing to align criminal prosecutions with political objectives, a departure from traditional DOJ neutrality.

Senator Chuck Grassley, a senior Republican and chair of the Judiciary Committee, has expressed unease about Trump’s directive to halt FCPA enforcement. “We have laws that have high morals in our international trade and we shouldn’t compromise those high morals,” Grassley remarked, suggesting potential bipartisan resistance to this policy shift.

Ethics and Oversight Shake-Ups

The Trump administration’s approach to ethics enforcement has also raised alarms, with multiple officials from the DOJ’s Public Integrity Section either resigning or being reassigned. Additionally, Trump has dismissed 17 inspectors general responsible for government oversight, further exacerbating concerns about the erosion of ethical accountability.

David Huitema, former head of the Office of Government Ethics who was recently fired by Trump, criticized these moves as an attempt to dismantle independent oversight mechanisms. “My personal sense is the president doesn’t want an empowered Office of Government Ethics as an independent voice standing up for ethics and integrity,” Huitema stated.

Implications for Slater’s Confirmation

As Slater prepares for her confirmation hearing, she is likely to face bipartisan scrutiny over her willingness to independently and consistently enforce antitrust laws. Democratic senators will push for commitments on enforcing existing cases and maintaining DOJ independence, while Republican lawmakers may focus on ensuring continuity in efforts to regulate Big Tech.

Slater’s confirmation hearing represents a crucial moment in determining the future of antitrust enforcement under the Trump administration. With growing concerns over political interference in DOJ operations, lawmakers on both sides of the aisle will be looking for assurances that antitrust enforcement remains robust, fair, and independent.

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TAGGED:antitrustGail SlaterPresidentSenate Judiciary CommitteeTrumpUS DOJ

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