DOJ Reasserts Federal Primacy Over State AG Antitrust Enforcement

The Justice Department pushed back against state attorneys general over antitrust enforcement, with antitrust division chief Stanley Woodward asserting federal leadership on national mergers during a September 2026 speech at Fordham Law School. He accused states of "gamesmanship" and "antitrust overenforcement," while acknowledging overlapping authority. Woodward said states belong "in the room" when mergers harm local markets but that Washington expects to lead on national deals. His remarks appeared to answer Colorado AG Phil Weiser, who challenged Paramount's pending Warner Bros. Discovery deal, the Nexstar-Tegna merger and Kroger's failed Albertson's bid. The dispute could peak in the Paramount case. The DOJ cleared the deal without remedies and backed Paramount's request that states post a $1.88 billion bond. Reports indicate California and other states may settle, possibly securing $1.5 billion in California production investment and a $30 million-per-film penalty if Paramount fails to release 30 films annually in theaters.