DealLawyers.com Blog

Earlier this year, we blogged about the DOJ’s lawsuit against KKR alleging serial violations of the HSR Act.  Last week, the DOJ announced the formation of a “Comply with Care” Task Force aimed at HSR and other compliance issues involving antitrust investigations.  Here’s an excerpt from Troutman Pepper Locke’s memo on the announcement:

On August 29, 2025, during a speech at Ohio State University Law School, Assistant Attorney General Gail Slater announced the creation of a “Comply With Care” task force within the Antitrust Division of the Department of Justice (DOJ), which will focus on enforcement actions against parties flouting disclosure obligations. The speech and task force are a continuation of the Antitrust Division’s recent lawsuits against companies for failing to make merger filings under the Hart-Scott-Rodino (HSR) Act or responding properly to investigations.

AAG Slater stated the DOJ’s commitment to counter those who “undermine sound antitrust enforcement for everyone,” specifically claiming that “a few actors—many of them at Big Law firms” have used “[t]actics designed to circumvent legal process and hinder our investigations.”

The speech highlighted alleged violations of the HSR Act, which are subject to a fine of up to $53,088 per day. The targeted practices include failing to make HSR filings and failing to submit relevant documents.

AAG Slater also criticized other practices that she considered objectionable, including corporate defendants failing to preserve evidence, delay tactics, overuse of the attorney-client privilege, deficient privilege logs, and failure to preserve documents, including ephemeral messages.

– John Jenkins