When Assistant Attorney General Gail Slater unveiled the Department of Justice Antitrust Division’s new “Comply with Care” task force in August, the announcement signaled that the Division is zeroing in on its policing of corporate mergers, intending to scrutinize Hart-Scott-Rodino (HSR) filings and Requests for Additional Materials (i.e., Second Request) compliance.
In a speech at Ohio State University Law School on Aug. 29, 2025, Slater cited “problematic tactics” and the task force’s plan to “tackle abuses that arise” in Antitrust Division investigations and “take decisive action to address them.”
The parties’ tactics that AAG Slater characterized as “obstruction and gamesmanship” includes the questionable withholding of documents under claims of privilege, submitting incomplete information in the HSR form, and failing to include transaction documents with the HSR filing. Other than AAG Slater’s speech, the Antitrust Division’s website provides no insight into how the task force will conduct its work or enforce findings, but for parties desiring to close transactions, filing compliance is paramount.
In an article for Reuters, McCarter partner and former DOJ antitrust attorney Robin Crauthers and co-authors Rishi Chhatwal and Hilary Quatinetz of Alvarez & Marsal Disputes and Investigations discuss the new task force and share best practices for how companies navigating Comply with Care can ensure full compliance.