K-STREET, 10,000 FEET: Conservative groups urge Congress to ensure that DOJ has access to full antitrust funds
THE LOWDOWN:
A coalition of center-right groups is urging Congress, in a letter obtained first by the Washington Reporter, to ensure that the Department of Justice (DOJ) can access the funds it needs in order to carry out its antitrust activities.
The group, led in part by the Foundation for American Innovation (FAI), also includes signatories from groups including the Article III Project, the Digital First Project, American Principles Project, Consumer Action for a Strong Economy, and more.
“The Department of Justice is litigating major antitrust cases against Google and Apple, companies that have virtually unlimited war chests,” Evan Swarztrauber, a senior fellow at FAI, told the Reporter.
The coalition wants the DOJ’s Antitrust Division to have full access to merger filing fees, which “enable vital antitrust and law enforcement efforts that have enjoyed widespread, bipartisan support across administrations,” as it wrote to House and Senate leadership of both parties, alongside top appropriators in both chambers.
A coalition of center-right groups is urging Congress, in a letter obtained first by the Washington Reporter, to ensure that the Department of Justice (DOJ) can access the funds it needs in order to carry out its antitrust activities.
The group, led in part by the Foundation for American Innovation (FAI), also includes signatories from groups including the Article III Project, the Digital First Project, American Principles Project, Consumer Action for a Strong Economy, and more.
“The Department of Justice is litigating major antitrust cases against Google and Apple, companies that have virtually unlimited war chests,” Evan Swarztrauber, a senior fellow at FAI, told the Reporter. “It is critical that the DOJ’s Antitrust Division has full access to merger filing fees to have a fighting chance against these and other monopolies.”
“Strong antitrust enforcement enjoys bipartisan support and, importantly, it is not a burden on taxpayers as filing fees fully cover the cost of the agency's law enforcement. Congress must avoid tying the agency's hands,” Swarztrauber said.
The coalition wants the DOJ’s Antitrust Division to have full access to merger filing fees, which “enable vital antitrust and law enforcement efforts that have enjoyed widespread, bipartisan support across administrations,” as it wrote to House and Senate leadership of both parties, alongside top appropriators in both chambers.
“While Congressional appropriators are right to seek cost savings and efficiencies in government, the DoJ Antitrust Division is a lean and cost-effective operation that punches miles above its weight,” the coalition noted. “Despite taking on deep-pocketed monopolies with virtually unlimited resources, the Department has a track record of success in reducing prices, increasing consumer choice, and safeguarding competition.”
As Congress seeks to cut costs across the government, the group wants to ensure that the Antitrust Division isn’t slashed.
“We are concerned, however, that the House and Senate Fiscal Year 2026 Commerce, Justice, and Science (CJS) and Financial Services and General Government Appropriations Bills do not reflect Congress’s intent in the [Merger Filing Fee Modernization Act of 2022],” it wrote.
“We ask that you make clear in the final funding language that the DoJ have full access to the estimated merger filing fees to fulfill its mission and deliver maximum value to the American people,” it said. “In the Act, Congress understood the importance of strong antitrust enforcement while creating a funding mechanism that wouldn’t burden hardworking Americans. Today’s appropriators should simply carry that forward.”
The full letter can be read here.
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