GAO: FTC, DOJ Jurisdictional Conflict Rare Despite Antitrust Overlap

Conflict between the FTC and DOJ over antitrust jurisdiction is “infrequent” despite jurisdictional overlap, the GAO said Tuesday. There have been questions about “areas of conflict” between DOJ and FTC over antitrust enforcement actions, the report said, citing a House report included in the Consolidated Appropriations Act directing GAO to study DOJ and FTC antitrust actions. GAO found DOJ and the FTC have “an interagency clearance process to identify which agency will take on an antitrust case, and instances of conflict rarely occur,” the GAO said. “In addition, after an investigative agency is determined through the clearance process, the other agency rarely interferes or comments on that investigation.”