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We last reviewed the performance of the Obama Administration's criminal antitrust enforcement during the second year of the first Obama administration. Laing, D.: Criminal Antitrust Enforcement Under the Obama Administration, Business Crimes Bulletin, September 2010. Now three years later and well into the second Obama Administration, the Antitrust Division of the U.S. Department of Justice (DOJ) has undergone a sufficient number of structural changes, announced certain important policy changes, and has had three more years of activity for us to review whether the Antitrust Division has fulfilled Candidate Obama's campaign promise to “reinvigorate antitrust enforcement” and take “aggressive action to curb the growth of international cartels.” Candidate Obama famously stated that, in comparison with antitrust enforcement under the supervision of George H.W. Bush, “Under my administration, the antitrust laws will mean something again.”
Enforcement and Workload Statistics
We begin with a review of the statistical evidence. In terms of antitrust fines imposed by U.S. District Courts, the Obama Antitrust Division has continued to obtain substantial financial penalties in its criminal antitrust prosecutions. The $1.1 billion in fines imposed in FY 2012 (the U.S. government fiscal year begins Oct. 1) represents the highest annual antitrust fines amount imposed to date. However, nearly 95% of this record antitrust penalty figure resulted from two fines ' the $500 million imposed against Taiwanese display manufacturer AU Optronics after a trial to verdict, which is under appeal; and a $470 million fine imposed against Japanese auto parts manufacturer Yazaki Corporation through plea agreement.
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