"Ashley Gold reports: Gail Slater, DOJ antitrust enforcer, unexpectedly departs days before major anti-monopoly case. Tension with leadership, deputy dismi
Senior Policy Reporter for The Verge, Ashley Gold, has covered the nexus of Silicon Valley and Capitol Hill for five years, focusing on antitrust, privacy, and content moderation reform. In mid-February, the Department of Justice (DOJ) unexpectedly lost its head antitrust enforcer, Gail Slater, just weeks before a major anti-monopoly case was set to be argued in court.
**Gail Slater's Departure**
Slater announced her departure via a post on her personal X account, but the sudden move did not come as a shock to those closely monitoring the agency. For months, leaks indicated tension between Slater and DOJ leadership, as well as concerns over President Donald Trump's propensity for personal dealmaking, raising questions about who would control antitrust decisions.
**Deputy Firings and Controversial Deals**
Over the summer, two of Slater's top deputies were dismissed due to "insubordination." One deputy later revealed pushing back against a wireless networking deal between Hewlett Packard Enterprise (HPE) and Juniper Networks, which was reportedly promoted by MAGA-In-Name-Only lobbyists and DOJ officials.
The week before Slater's departure announcement, another deputy also left the agency. The timing raised eyebrows, as one of the lobbyists close to Trump involved in the HPE-Juniper deal, Mike Davis, is also reportedly working for Live Nation. Live Nation declined to comment on the alleged connection.
**Implications of Slater's Departure**
"What was happening implicitly before is now explicit," a former DOJ official, speaking anonymously about personnel matters, said regarding Slater's sudden departure. "A lot of very powerful corporations have figured out that they can just push through fantasy deals and fantasy outcomes in ways that were impossible before, and all they have to do is pay."
After Slater posted about her departure, Attorney General Pam Bondi thanked her for her service. The vacancy raises concerns about the future of antitrust enforcement under the current administration.
**Key Notes:**
- Gail Slater, head of DOJ's Antitrust Division, departed unexpectedly in mid-February.
- Tensions between Slater and DOJ leadership, as well as concerns over President Trump's dealmaking, have been reported for months.
- Two of Slater's top deputies were fired for insubordination over the summer.
- One deputy spoke out about pushing back against a controversial deal between HPE and Juniper Networks, supported by MAGA lobbyists and DOJ officials.
- A third deputy also left the agency around the same time.
- Mike Davis, a Trump-aligned lobbyist involved in the HPE-Juniper deal, is reportedly working for Live Nation.
- The departure raises concerns about antitrust enforcement under the current administration.
**U.S. Department of Justice (DOJ) Suit Against Live Nation-Ticketmaster Over Alleged Anticompetitive Practices:**
**May 2024: DOJ and Multistate Attorney Generals File Lawsuit Against Live Nation-Ticketmaster**
The U.S. Department of Justice (DOJ) and a coalition of 40 state attorneys general have taken legal action against Live Nation-Ticketmaster, alleging the company employed anticompetitive practices to maintain market dominance.
**Key Allegations:**
- **Integrated Business Practices:** The suit contends that by intertwining various aspects of its business, Live Nation-Ticketmaster has created an ecosystem that binds artists and venues.
- **Exclusionary Contracts:** The company is accused of using contracts to limit competition and prevent new players from entering the market.
- **Financial Retaliation:** The DOJ alleges that Live Nation-Ticketmaster threatens financial retribution against those who resist its practices.
**Impact on Consumers:**
According to the lawsuit, these practices have led to increased ticket prices for consumers. Live Nation-Ticketmaster, however, maintains that higher ticket prices are caused by factors other than their alleged anticompetitive behavior.
**Future of the Case:**
With jury selection set to begin on March 2nd, uncertainty surrounds the DOJ's continued involvement in the case. If the agency were to settle and withdraw from the trial, some participating states may choose to continue the litigation independently.
**State Leaders' Commitment:**
California's top antitrust enforcer, Paula Blizzard, has expressed enthusiasm for going to trial against Live Nation on March 2nd. Tennessee Attorney General Jonathan Skrmetti also plans to proceed with the states' lawsuit.
**Interim DOJ Leadership's Intentions:**
Omeed Assefi, taking over from departing head Karl Racine, has pledged to continue the agency's agenda and has expressed confidence in the case's strength. He favors trial, as reported by Capitol Forum.
**Looking Ahead:**
As of February 17th, Assefi has encouraged staff to focus on the case, indicating a commitment to pursuing the matter vigorously. Global Competition Review reports that Assefi has asked his team to look to his leadership for guidance. The trial is set to begin on March 2nd, with potential implications for the live entertainment industry and consumer protection laws.
Title: U.S. Assistant Attorney General Slater's Approach to Criminal Antitrust Enforcement and Potential Impact on Live Nation-Ticketmaster Case
Lead:
Assistant Attorney General Kenneth Polite Jr., nominated to lead the Justice Department's antitrust division, is signaling a tough stance on enforcement, contrary to reports suggesting his agenda was overruled. In a recent interaction, he allegedly stated, "Ask them how I feel about settling cases in lieu of trial." He also expressed disapproval for accepting "half measures" and mere monetary penalties instead of seeking justice.
Antitrust Enforcement Philosophy:
- Emphasis on pursuing justice through trials rather than settlements
- Rejection of half measures and monetary penalties as substitutes for true justice
Serious Antitrust Enforcer:
- Slater's reputation as a stern enforcer of antitrust law is well-known
- Her agenda, however, reportedly faced overruling
State Enforcement Preparedness:
Gwendolyn Lindsay Cooley, former Wisconsin antitrust chief and chair of the National Association of Attorneys General Multistate Antitrust Task Force, spoke generally about state enforcement preparedness.
- States are accustomed to changes in trial partners
- Priority and personnel shifts in administrations are expected
- Seasoned lawyers may be reassigned to fill gaps left by federal attorneys
- Plenty of experienced litigators exist within states
Potential Aggressive State Action:
- States could potentially take a more aggressive stance in the Live Nation-Ticketmaster trial
- The company has faced widespread criticism from musicians and concertgoers, including over a Taylor Swift ticket presale debacle in 2022
- Attorneys general for California and Connecticut have expressed a commitment to maintaining a high bar for settlements, rejecting politically motivated or impacted resolutions
Key Notes:
- Kenneth Polite Jr.'s tough stance on antitrust enforcement signaled
- Reported overruling of Assistant Attorney General Slater's agenda
- States accustomed to changes in trial partners and prepared for shifts in personnel
- Experienced litigators available within states
- California and Connecticut AGs commit to maintaining high settlement bar for Live Nation-Ticketmaster case.
**Connecticut Attorney General Expresses Concern Over Ticketmaster**
- **Summary Lead:**
Connecticut Attorney General William Tong has voiced concerns regarding the ticketing service provider, Ticketmaster, suggesting potential legal action against the company.
- **State AGs Commonly Hear Citizen Complaints About Ticketmaster**
According to Cooley, citizen complaints about Ticketmaster are among the top 10 issues that state Attorneys General (AGs) commonly hear about. This indicates a widespread consumer dissatisfaction with the ticketing service provider.
- **Attorney General's Statement**
"That’s something that the state AGs are going to be really paying attention to," Tong stated, indicating that this issue is of significant importance and will receive close scrutiny from various state authorities.
- **Key Notes**
- Connecticut and California are possible locations for potential legal action against Ticketmaster.
- Citizen complaints about Ticketmaster are a common concern among State Attorneys General.
- State AGs will pay close attention to the issue due to widespread consumer dissatisfaction with Ticketmaster.
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