Senators Criticize DOJ's Handling of Antitrust Matters and Partisan Weaponization of Antitrust Division

A letter signed by U.S. Senate Democratic Whip Dick Durbin, U.S. Senator Cory Booker, and other Senators expresses concerns over the Department of Justice's (DOJ) antitrust matters and the partisan weaponization of the Antitrust Division. The letter highlights the DOJ's abrupt proposed settlement in Hewlett Packard Enterprise's (HPE) $14 billion acquisition of Juniper Networks, Inc. (Juniper), which is seen as a departure from Department process. The Senators argue that this settlement was driven by lobbying and political considerations, rather than law and public interest.

Key Takeaways:

  • The Senate letter criticizes the DOJ's handling of antitrust matters, particularly in the case of Hewlett Packard Enterprise's (HPE) $14 billion acquisition of Juniper Networks, Inc. (Juniper).
  • The Senators argue that the abrupt proposed settlement was driven by lobbying and political considerations, rather than law and public interest.
  • The settlement does not address the primary concern of market duopoly and instead only requires HPE to divest its Instant On business, a separate market.
  • Senior DOJ leadership allegedly overruled Assistant Attorney General for the Antitrust Division Gail Slater's opposition to the settlement.
  • The actions of Principal Deputy Assistant Attorney General Roger Alford and Deputy Assistant Attorney General Bill Rinner, who opposed the settlement, led to their termination on administrative leave.
  • HPE's lobbying of the White House, including retaining Arthur Schwartz with ties to Vice President Pence and Donald Trump, Jr., is seen as an inappropriate pressure campaign.
  • The Senators cite other instances of the Trump Administration abusing antitrust regulation, including UnitedHealth's acquisition of Amedisys Inc.
  • The Senators demand AG Bondi provide documents and information about this matter no later than September 19, 2025.

Sources:

  • U.S. Senate Democratic Whip Dick Durbin (Senator from Illinois)
  • U.S. Senator Cory Booker (Senator from New Jersey)
  • U.S. Senators Mazie Hirono (D-HI), Peter Welch (D-VT), Amy Klobuchar (D-MN), Sheldon Whitehouse (D-RI), Richard Blumenthal (D-CT), Alex Padilla (D-CA), Chris Coons (D-DE), and Adam Schiff (D-CA)
  • Reportedly, Assistant Attorney General for the Antitrust Division Gail Slater
  • Former Attorney General Pam Bondi
  • HPE
  • Juniper Networks, Inc.
  • Trump Administration