~ Herring joins bipartisan coalition of 45 attorneys general in requesting Congress to support critical state enforcement efforts that promote competition and benefit consumers ~

RICHMOND (May 11, 2021) – Attorney General Mark R. Herring has joined a bipartisan coalition of 45 attorneys general in sending a letter to congressional leadership requesting the federal government provide the necessary funding to support state antitrust enforcement efforts.

“States and state attorneys general play a crucial role in antitrust enforcement and reviewing mergers both at home and around the country,” said Attorney General Herring. “State antitrust efforts are so important in preventing monopolies and promoting competition that benefits all Virginians. If Congresses passes this federal funding, it will give Virginia even more tools to enforce antitrust protections.”

Attorney General Herring and his colleagues around the country are leading cutting edge, resource-intensive antitrust cases against powerful and sophisticated Big Tech firms. Late last year, Attorney General Herring joined a bipartisan coalition of 48 attorneys general in a lawsuit against Facebook for anticompetitive conduct, as well as a bipartisan coalition of 38 attorneys general in suing Google on antitrust grounds. Additionally, in 2019, Attorney General Herring joined a coalition of attorneys general in filing an antitrust lawsuit to stop the merger of T-Mobile and Sprint.

These are just some of the examples of the many types of enforcement actions states have and can bring to challenge anticompetitive conduct by major players with vast resources in a variety of industries. Often working closely with federal partners, states bring these enforcement actions in the public interest to protect consumers and the competitive process.

As Attorney General Herring and his colleagues note in their letter to the chairs and ranking members of the respective Senate and House committees, as the nation’s economy has grown, so too has the need to staff and finance a greater number of antitrust enforcement actions that are fundamentally more complex and resource-intensive than in the past. There is a growing bipartisan consensus that antitrust is at a turning point, and Congress currently is considering a number of bills that would enable more robust enforcement. Whether antitrust investigations and litigation are pursued together with federal partners or in multistate coalitions, they require massive commitments by lawyers and experts, as well as significant technological resources. Congress is already considering additional funding for the federal antitrust enforcement agencies, but funding for state agencies will enhance the states’ ability to fulfill their obligations as integral partners to the U.S. Department of Justice and the Federal Trade Commission and as part of Congress’ plan for protecting competition.

Attorney General Herring's Antitrust Unit Manager, Sarah Oxenham Allen, currently serves as the Chair of the National Association of Attorneys General (NAAG) Antitrust Taskforce. Additionally, Attorney General Herring previously served on the Antitrust Committee of NAAG.

Joining Attorney General Herring in sending the letter are the attorneys general of Alaska, Arkansas, California, Colorado, Connecticut, Delaware, Hawaii, Idaho, Illinois, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Texas, Utah, Vermont, West Virginia, Wisconsin, Wyoming, the District of Columbia, and the territories of Guam, the Northern Mariana Islands, and Puerto Rico in sending today’s letter to Congress.

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