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DOJ Seeks to Sunset Some Legacy Antitrust Judgments

DOJ is proposing eliminating 26 antitrust judgments entered by U.S. District courts in Washington and Alexandria, Virginia, as the first step to get rid of some of the 1,300 legacy antitrust judgments that contain no termination date (see 1804110056), the…

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agency said Wednesday. Many "do little more than clog court dockets, create unnecessary uncertainty for businesses or ... actually elicit anticompetitive market conditions," said Antitrust Division Chief Makan Delrahim. Justice said they generally date from the passage of the Sherman Act through the late 1970s, with the division in 1979 adopting the practice of including sunset provisions. The first judgments it proposes axing it posted on a DOJ website and the agency said it will take comments on those for 30 days. The agency said if after the comment period, it believes the termination is appropriate, it will file a motion with the appropriate court. The judgments DOJ is starting with include a 1957 order enjoining the National Audio-Visual Association from fixing or establishing prices and trade-in allowances for sale or rental of audio-visual equipment such as 16 mm film projectors and tape recorders.