JUSTICE DEPARTMENT UNVEILS “COMPLY WITH CARE” TASK FORCE
November 10, 2025
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The Antitrust Division of the U.S. Department of Justice recently launched its “Comply with Care” Task Force to target “problematic tactics” which undermine the integrity of antitrust enforcement. Citing prominent examples where companies failed to make merger filings under the Hart-Scott-Rodino Act and/or neglected to respond properly to investigations, DOJ’s Comply with Care Task Force seeks to hold companies and their counsel accountable for purported efforts to obstruct antitrust enforcement proceedings. By way of background, the Antitrust Division recently issued a $1.1 million civil penalty against a subsidiary of the UnitedHealth Group for failing to submit accurate financial statements despite repeated requests from DOJ attorneys during a premerger antitrust review process. A global private equity firm was similarly investigated for intentionally altering documents in HSR filings to presumably mislead antitrust regulators. In both examples, the companies were alleged to have violated the HSR Act by failing to produce requested financial documents and/or neglecting to disclose the deletion of material corporate documents. Since the HSR Act requires companies to notify the antitrust agencies and provide relevant information about mergers that meet a certain size threshold, the Comply with Care Task Force will make it easier for U.S. antitrust enforcers to investigate reportable transactions and ensure strict compliance with the HSR Act, especially among carriers in the highly concentrated airline industry. Assistant Attorney General Gail Slater, who leads the DOJ’s Antitrust Division, also mentioned the following examples of alleged obstruction by companies and/or their counsel during enforcement proceedings:
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Discovery abuses (e.g., intentionally failing to produce key documents and information)
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Abuse of privilege (e.g., improper and/or overbroad assertions of attorney-client privilege)
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Legal tactics designed to exclusively hinder or delay investigations
To mitigate potential risks, carriers should update antitrust compliance programs, including merger notification processes and internal investigation protocols, to align with DOJ’s new initiative. Since HSR Act violations are subject to a monetary fine of up to $53,088 per day, carriers are advised to contact counsel well in advance of required HSR filings and at the earliest stage of any enforcement investigation.
This Aviation Blog Post is intended to keep readers current on developments in the law. It is not intended to be legal advice. If you have any questions, please contact Evelyn Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew Derco at 202.659.6665 or dderco@eckertseamans.com; Samantha Walter at 412.566.1920 or swalter@eckertseamans.com, Tyler Myers at 202.659.6642 or trmyers@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.
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