On February 17th, the Department of Justice (DOJ) announced an initiative to protect supply chains from anticompetitive behavior amid global disruptions and persistent inflation. The initiative is yet another example of the Biden Administration’s aggressive approach to antitrust enforcement since inauguration. From the Administration’s “whole-of-government” approach to policing anticompetitive conduct, to abandoning the Vertical Merger Guidelines and recently challenging several mergers, now to the new supply chain initiative, the new Administration has muddled the antitrust landscape and made enforcement less predictable. Despite the altered environment and new initiative, however, certain basic principles of antitrust law have not changed—simply passing costs on to consumers, even during supply chain disruptions, is not an antitrust violation.

The DOJ’s announcement comes as supply chain disruptions have persisted and inflation has increased. As part of the initiative, the Antitrust Division and FBI seek “to deter, detect and prosecute those who would exploit supply chain disruptions to engage in collusive conduct.” Press Release, U.S. Dep’t of Just., Department of Justice Announces Initiative To Protect Americans From Collusive Schemes Amid Supply Chain Disruptions (Feb. 17, 2022). This is in line with the DOJ’s long-standing partnership with the FBI on antitrust enforcement, including of bid-rigging and price-fixing conspiracies. See generally Antitrust Enforcement: Success of DOJ/FBI Partnership, FBI News (Nov. 21, 2011).