Oregon Looks to Expand Antitrust Enforcement as States Challenge Corporate Giants

Attorneys General from Oregon, California, Washington, Nevada, and New York hosted a press conference to highlight state-led antitrust enforcement wins and call for resources to address waning federal oversight over growing corporate consolidation.

State Attorneys General Fill In Gap on Antitrust Enforcement Where Feds Are Failing

Competition benefits consumers by keeping prices low, maintaining quality, and giving them buying choices. To oversee competition, states have partnered with the federal government to take on some of the biggest corporate mergers in American history for years.

Oregon AG Dan Rayfield said, “There are families who are paying more for groceries, getting squeezed on their cable bill, or watching their local newscast get hollowed out, and they have no idea a corporate merger is the reason why.”

But the US DOJ’s antitrust division has been losing key leadership and career attorneys as federal priorities shift away from protecting consumers. As part of the mass exodus, Gail Slater, the U.S. Assistant Attorney General for the antitrust division, was forced out.

State attorneys general stepped up to protect Americans from illegal mergers and monopolies and have a proven track record of collaborating across state lines- and winning.

States have legal authority that the federal government doesn’t, including the power to hold jury trials in antitrust cases.

For example, when the Trump administration settled the Live Nation/Ticketmaster case– against the wishes of the 34 states that had co-signed the lawsuit- state attorneys general kept fighting, and in mid-April, they won.

Also, Oregon co-led the successful effort to block the Kroger-Albertsons merger-  what would have been the largest grocery merger in American history- protecting consumers and union workers across the country.

Antitrust cases are complex, time-intensive, and require specialized expertise. ODOJ currently has only 8 positions to work on these cases and has relied on following others’ lead, but that structure no longer serves Oregonians.

ODOJ will ask state lawmakers to approve 16 positions needed to increase capacity to fill the vacuum left by the federal government next month. Attorney fees in antitrust cases can often be recovered from corporations when states succeed, and then don’t require general funds from the legislature.

Oregonians Pay More When Competition Shrinks

According to the FTC, competition amongst corporations benefits consumers. Oregon consumers could end up paying more for everyday goods such as groceries, broadband, and health care as competition shrinks.

Less competition means families have fewer choices and less leverage against rising prices.

In the state, OHA reviews health care mergers, acquisitions, and other business deals to ensure they support Oregon’s goals, including lower costs, increased access, and better care.