Assistant Attorney General (AAG) Gail Slater, head of the Antitrust Division of the Department of Justice (DOJ), recently announced the rollout of “Comply with Care”—a taskforce designed to address alleged gamesmanship and obstruction within DOJ investigations. Gail Slater, Assistant Attorney General, Remarks to the Ohio State University Law School (Aug. 29, 2025), [hereinafter, “Remarks to Ohio State”]. Noting the increasing pace with which certain purported “bad actors” have employed what Slater labeled as “egregious” tactics to circumvent legal processes in antitrust investigations, Slater explained that the initiative would counteract a perceived “race to the bottom” in procedural and subpoena compliance.
A party’s alleged noncompliance, however, does not always turn on intentional abuses, as the DOJ often demands millions of documents in a short period of time, with exacting specifications that can make literal compliance challenging. Nevertheless, Slater identified “flagrant” Hart-Scott-Rodino (HSR) violations, privilege log abuses, and the use of ephemeral messaging platforms as among the types of conduct that would fall within the taskforce’s purview.
For further information, please contact:
Karen M. Lent, Partner, Skadden
karen.lent@skadden.com
