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Appellate Section

Responsibilities

The Appellate Section supports the Antitrust Division’s mission of enforcing the federal antitrust laws and promoting competition by representing the Division in all appellate matters.  The Appellate Section represents the Antitrust Division before the U.S. Courts of Appeals and works together with the Solicitor General’s Office on matters before the U.S. Supreme Court.  In addition, the Appellate Section represents the United States in selected private antitrust cases, assists the Antitrust Division in serving as a statutory respondent for federal agencies, and provides expertise for the Division’s enforcement and policy programs.

Daniel E. Haar, Section Chief

Leadership

Daniel E. Haar
Section Chief

Nickolai G. Levin
Assistant Chief

Stratton C. Strand
Assistant Chief

Daniel Haar

Appellate Briefs

Find amicus briefs and other case filings on the Appellate Briefs page.

Appellate Activity in Division Cases

The Appellate Section represents the Antitrust Division in all appeals, both civil and criminal, before the U.S. Courts of Appeals.  Appeals of Antitrust Division matters before the U.S. Supreme Court are handled by the Appellate Section in conjunction with the Solicitor General’s Office.  The Appellate Section defends the Antitrust Division’s enforcement activity and works to ensure the proper application of the federal antitrust laws.  Filings are published on the following Appellate Briefs page.

Amicus Program

The Appellate Section leads the Antitrust Division’s active amicus program, participating in selected private antitrust cases in the courts of appeals by filing amicus briefs and presenting oral argument to preserve the antitrust laws and promote competition.  The Appellate Section also works in conjunction with the Solicitor General’s office to represent the United States as amicus in the Supreme Court.  The Appellate Section publishes its amicus filings on the following Appellate Briefs page.

Statements of Interest

Pursuant to 28 U.S.C. § 517, which permits the Attorney General to direct any officer of the U.S. Department of Justice to attend to the interests of the United States in any case pending in a federal court, the Appellate Section collaborates with other sections throughout the Antitrust Division as well as U.S. Attorneys’ Offices to prepare statements of interest and participate in oral arguments in private antitrust cases pertinent to the Division.  Filings are published on the following Statements of Interest page.

Statutory Respondent

The Appellate Section on behalf of the Division represents the United States in its role as a statutory respondent in federal agency cases under the Hobbs Act, 28 U.S.C. 2341 et seq.  The agencies involved are the Federal Communications Commission (as to non-licensing cases), the Federal Energy Regulatory Commission (as to oil pipelines), the Federal Maritime Commission, and the Surface Transportation Board.  The websites of these agencies provide detailed information on their activities.