Conscious Commitment: Trump's Pick for Antitrust Division

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Octopus.jpgFour days ago, the Senate Judiciary committee held a confirmation hearing for Makan Delrahim, President Trump's nominee to head the DOJ Antitrust Division. The varying policies of each incoming administration can profoundly impact both the livelihoods of thousands of American workers and the prices of hundreds of commodities nationwide - and regardless of prevailing political ideology, it remains a vital responsibility of the Justice Department to ensure that the Sherman and Clayton Acts are stringently and equitably enforced.

Despite his earlier work as a Division prosecutor, Delrahim's complete record on the subject is deeply troubling, as he has helped to orchestrate and obtain regulatory approval for several major mergers. Though he has promised to recuse himself from participation in any action on the merger between Anthem and Cigna due to his earlier representation of Anthem, his involvement with many other conglomerates - Blue Cross and Blue Shield, Google, Merck, U.S. Airways, Johnson & Johnson, Pfizer, and Comcast, to name a few - presents a myriad of other conflicts of interest. Furthermore, his comparatively laissez-faire approach to preserving the free market makes him a questionable choice to be charged with that very task. In the past he has criticized European regulators' rigorous enforcement of their antitrust laws and successful prosecution of foreign-based trusts as "protectionist" abuses of power, comments which suggest that he may not be willing to protect the American free market from the threat posed by alien monopolies engaged in widespread commercial activity here. He has also expressed his belief in virtual immunity for the holders of patents, trademarks, and other intellectual property rights, even when such companies are clearly marketing their products in violation of the Sherman Act. In a climate where increasing oligopoly in the pharmaceutical industry restricts the availability of potentially life-saving medications and raises health insurance premiums even further, and where agribusiness mergers such as Bayer's ill-advised acquisition of Monsanto and ChemChina's notorious purchase of Syngenta could further monopolize the seed industry, it is crucial that regulators remain prepared to challenge these deleterious consolidations. Delrahim has shown no proof that he will adequately do so, and therefore Conscious Commitment cannot endorse his nomination.

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