[Title 28 CFR H]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 28 - JUDICIAL ADMINISTRATION]
[Chapter I - DEPARTMENT OF JUSTICE]
[Part 0 - ORGANIZATION OF THE DEPARTMENT OF JUSTICE]
[Subpart H - Antitrust Division]
[From the U.S. Government Printing Office]
28JUDICIAL ADMINISTRATION12002-07-012002-07-01falseAntitrust DivisionHSubpart HJUDICIAL ADMINISTRATIONDEPARTMENT OF JUSTICEORGANIZATION OF THE DEPARTMENT OF JUSTICE
Subpart H--Antitrust Division
Sec. 0.40 General functions.
The following functions are assigned to and shall be conducted,
handled, or supervised by, the Assistant Attorney General, Antitrust
(a) General enforcement, by criminal and civil proceedings, of the
Federal antitrust laws and other laws relating to the protection of
competition and the prohibition of restraints of trade
and monopolization, including conduct of surveys of possible violations
of antitrust laws, conduct of grand jury proceedings, issuance and
enforcement of civil investigative demands, civil actions to obtain
orders and injunctions, civil actions to recover forfeitures or damages
for injuries sustained by the United States as a result of antitrust law
violations, proceedings to enforce compliance with final judgments in
antitrust suits and negotiation of consent judgments in civil actions,
civil actions to recover penalties, criminal actions to impose penalties
including actions for the imposition of penalties for conspiring to
defraud the Federal Government by violation of the antitrust laws,
participation as amicus curiae in private antitrust litigation; and
prosecution or defense of appeals in antitrust proceedings.
(b) Intervention or participation before administrative agencies
functioning wholly or partly under regulatory statutes in administrative
proceedings which require consideration of the antitrust laws or
competitive policies, including such agencies as the Civil Aeronautics
Board, Interstate Commerce Commission, Federal Communications
Commission, Federal Maritime Commission, Federal Energy Regulatory
Commission, Federal Reserve Board, Federal Trade Commission, Nuclear
Regulatory Commission, and Securities and Exchange Commission, except
proceedings referred to any agency by a federal court as an incident to
litigation being conducted under the supervision of another Division in
(c) Developing procedures to implement, receiving information,
maintaining records, and preparing reports by the Attorney General to
the President as required by Executive Order 10936 of April 25, 1961
relating to identical bids submitted to Federal and State departments
(d) As the delegate of the Attorney General furnishing reports and
summaries thereof respecting the competitive factors involved in
proposed mergers or consolidations of insured banks required by the
Federal Deposit Insurance Act, as amended (12 U.S.C. 1828(c)),
furnishing reports respecting the competitive factors involved in
proposed acquisitions under the Savings and Loan Holding Company
Amendments of 1967 (12 U.S.C. 1730a(e)), furnishing advice regarding the
proposed disposition of surplus Government property required by the
Federal Property and Administrative Services Act of 1949, as amended (40
U.S.C. 488), furnishing reports regarding deepwater port licenses under
the Deepwater Port Act of 1974 (33 U.S.C. 1506), furnishing advice and
reports regarding federal coal leases under the Federal Coal Leasing
Amendments Act of 1976 (30 U.S.C. 184(1)), furnishing advice on oil and
gas leasing under the Outer Continental Shelf Lands Act Amendments of
1978 (43 U.S.C. 1334(a) 1334(f)(3). 1337), furnishing reports and
recommendations regarding the issuance of licenses for exploration or
permits for commercial recovery of deep seabed hard minerals pursuant to
the Deep Seabed Hard Minerals Resources Act (30 U.S.C. 1413(d)),
furnishing advice or reports regarding contracts or operating agreements
concerning exploration, development or production of petroleum reserves
under the Naval Petroleum Reserves Production Act of 1976 (10 U.S.C.
7430(g)(1)), and furnishing advice regarding nuclear licenses under the
Atomic Energy Act of 1954 (42 U.S.C. 2135).
(e) Preparing the approval or disapproval of the Attorney General
whenever such action is required by statute from the standpoint of the
antitrust laws as a prerequisite to the development of Defense
Production Act voluntary programs or agreements and small business
production or raw material pools, the national defense program and
atomic energy matters.
(f) Assembling information and preparing reports required or
requested by the Congress or the Attorney General as to the effect upon
the maintenance and preservation of competition under the free
enterprise system of various Federal laws or programs, including the
Defense Production Act of 1950, the Small Business Act, the Federal Coal
Leasing Amendments Act of 1976 (30 U.S.C. 208-2), the Naval Petroleum
Reserves Production Act of 1976 (10 U.S.C. 7431(b)(2)), and the joint
resolution of July 28, 1955, giving consent to the
Interstate Compact to Conserve Oil and Gas.
(g) Preparing for transmittal to the President, Congress, or other
departments or agencies views or advice as to the propriety or effect of
any action, program or practice upon the maintenance and preservation or
competition under the free enterprise system.
(h) Representing the Attorney General on interdepartmental or
interagency committees concerned with the maintenance and preservation
of competition generally and in various sections of the economy and the
operation of the free enterprise system and when authorized
participating in conferences and committees with foreign governments and
treaty organizations concerned with competition and restrictive business
practices in international trade.
(i) Collecting fines, penalties, judgments, and forfeitures arising
in antitrust cases.
(k) As the delegate of the Attorney General, performance of all
functions which the Attorney General is required or authorized to
perform by title III of Public Law 97-290 (15 U.S.C. 4011-4021) with
respect to export trade certificates of review.
[Order No. 617-75, 40 FR 36118, Aug. 19, 1975, as amended by Order No.
699-77, 42 FR 15315, Mar. 21, 1977; Order No. 960-81, 46 FR 52344, Oct.
27, 1981; Order Nos. 1002-83, 1003-83, 48 FR 9522, 9523, Mar. 7, 1983]
Sec. 0.41 Special functions.
The following functions are assigned to, and shall be conducted,
handled, or supervised by, the Assistant Attorney General, Antitrust
(a) Institution of proceedings to impose penalties for violations of
section 202(a) of the Communications Act of 1934 (48 Stat. 1070), as
amended (47 U.S.C. 202(a)), which prohibits common carriers by wire or
radio from unjustly or unreasonably discriminating among persons,
classes of persons, or localities.
(b) Representing the United States in suits pending as of February
28, 1975, before three-judge district courts under sections 2321-2325 of
title 28 of the U.S. Code, to enforce, suspend, enjoin, annul, or set
aside, in whole or in part, any order of the Interstate Commerce
Commission. (Pub. L. 93-584, Sec. 10, 88 Stat. 1917)
(c) Representing the United States in proceedings before courts of
appeals to review orders of the Interstate Commerce Commission, the
Federal Communications Commission, the Federal Maritime Commission and
the Nuclear Regulatory Commission (28 U.S.C. 2341-2350).
(d) Representing the Civil Aeronautics Board, and the Secretary of
the Treasury or his delegates under the Federal Alcohol Administration
Act, in courts of appeals reviewing their respective administrative
(e) Defending the Secretary of the Treasury or his delegates under
the Federal Alcohol Administration Act, and the agencies named in
paragraphs (c), (d) and (e) of this section or their officers against
the injunctive actions brought in Federal courts when the matter which
is the subject of the actions will ultimately be the subject of review
under paragraph (c), (d), (e) or (g) of this section, or of an
enforcement action under paragraph (b) of this section.
(f) Seeking review of or defending judgments rendered in proceedings
under paragraphs (a) through (e) of this section.
(g) Acting on behalf of the Attorney General with respect to
sections 252 and 254 of the Energy Policy and Conservation Act, 42
U.S.C. 6272, 6274, including acting on behalf of the Attorney General
with respect to voluntary agreements or plans of action established
pursuant to section 252 of that Act.
(i) Acting on behalf of the Attorney General with respect to
sections 4(b), 4(c) and 4(d) of the National Cooperative Production
Amendments of 1993, Pub. L. No. 103-42, 107 Stat. 117 (15 U.S.C. 4305
(j) Defending the Secretary of Commerce and the Attorney General, or
their delegates, in actions to set aside a determination with respect to
export trade certificates of review under section 305(a) of Public Law
97-290 (15 U.S.C. 4015(a)).
(k) Acting on behalf of the Attorney General with respect to section
6 of the
National Cooperative Research and Production Act of 1984, Pub. L. 98-
462, 98 Stat. 1815, as amended by the National Cooperative Production
Amendments of 1993, Pub. L. No. 103-42, 107 Stat. 117 (15 U.S.C. 4305).
[Order No. 615-75, 40 FR 36118, Aug. 19, 1975, as amended by Order No.
699-77, 42 FR 15315, Mar. 21, 1977; Order No. 769-78, 43 FR 8256, Mar.
1, 1978; Order No. 960-81, 46 FR 52344, Oct. 27, 1981; Order Nos. 1002-
83, 1003-83, 48 FR 9522, 9523, Mar. 7, 1983; Order No. 1077-85, 49 FR
46372, Nov. 26, 1984; Order No. 1857-94, 59 FR 14101, Mar. 25, 1994]
Appendix to Subpart H--Delegation of Authority Respecting Denials of
Freedom of Information and Privacy Act Requests
[Memo No. 79-1]
1. The Deputy Assistant Attorney General for Litigation, Antitrust
Division, will assume the duties and responsibilities previously
assigned to the Assistant Attorney General by 28 CFR 16.5 (b) and (c)
and 16.45(a), as amended July 1, 1977, and defined in those sections,
for denying requests and obtaining statutory extensions of time under
the Freedom of Information Act, 5 U.S.C. 552, et seq., and the Privacy
Act, 5 U.S.C. 552a, et seq.
2. The Deputy Assistant Attorney General for Litigation, Antitrust
Division, who signs a denial or partial denial of a request for records
made under the Freedom of Information Act or the Privacy Act shall be
the ``person responsible for the denial'' within the meaning of 5 U.S.C.
552(a) and 5 U.S.C. 552a (j) and (k).
[44 FR 54045, Sept. 18, 1979]