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Jayapal, Nadler Urge Consideration of Antitrust Background for Judicial Nominees

WASHINGTON – U.S. Representatives Pramila Jayapal (WA-07), a member of the House Antitrust Subcommittee, and Jerrold Nadler (NY-12), Ranking Member of the Judiciary Committee, are today urging the Administration to consider judicial nominees’ records on antitrust and competition policy during vetting processes. 

“President Biden has nominated agency heads and other high-level officials who are committed to the Administration’s competition agenda. These appointments have produced meaningful shifts in federal competition policy,” wrote the lawmakers. “In accordance with these commitments, we urge your office to implement a vetting process that ensures candidates to the federal judiciary also have a demonstrated commitment to interpreting antitrust law robustly.”

In 2021, President Biden issued an Executive Order on Promoting Competition in the American Economy, which has already produced meaningful shifts in federal competition policy to advance the interests of American workers, businesses, and consumers. Yet, due to decades of deregulation, since the 1970s 75 percent of industries are more concentrated and consumer prices have increased nearly 40 percent.

Specifically, the letter calls on the White House Counsel’s office to:

  • Integrate questions related to antitrust and competition in the judicial vetting process; 
  • Raise competition-related issues during discussions with home-state Senators; and 
  • Advocate for the advancement of nominees aligned with the Administration’s competition policy. 

The letter was also signed by André Carson (IN-07), Greg Casar (TX-35), Chris Deluzio (PA-17), Henry C. “Hank” Johnson, Jr. (GA-04), Barbara Lee (CA-12), Katie Porter (CA-47), Adam B. Schiff (CA-30), Lori Trahan (MA-03), and Bonnie Watson Coleman (NJ-12).

The full text of the letter can be found here