Number of Enforcement Actions and Substantial Investigations
by DOJ and FTC, by Industry

FY1997 - Present

Industry

DOJ

FTC

Allocation
Enforcement Actions Substantial Investigations Enforcement Actions Substantial Investigations
Agriculture 11 44 5 7 DOJ
Airframes 0 0 5 8 FTC
Building Materials 2 9 8 12 FTC
Computer Hardware 0 9 3 9 FTC
Computer Software 5 31 7 9 DOJ
Energy 7 37 20 40 FTC
Groceries 3 11 16 25 FTC
Media & Entertainment 63 154 13 22 DOJ
Non-Medical Professional Services 1 5 8 13 FTC
Telecommunications 11 46 0 0 DOJ
Travel and Transportation 12 43 1 5 DOJ
Pharmaceuticals 0 2 21 37 FTC
Biotechnology 2 4 5 9 FTC
Healthcare 13 47 16 36 FTC*
Total Healthcare, Pharma. & Biotech 15 53 42 82 FTC

Notes

• For DOJ, "enforcement actions" include all filed cases, litigated cases, consent decrees, and any cases in which the parties either did a "fix it first" or abandoned the transaction in response to DOJ's concerns regarding the competitive effects of the proposed transaction.

• For the FTC, "enforcement actions" include all filed cases, litigated cases, consent decrees, and any cases in which the parties abandoned the transaction following the issuance of a second request.

• For both agencies, "substantial investigations" include all enforcement actions and all matters in which the agencies issued a Request for Additional Information and Documentary Materials ("Second Request") or Civil Investigative Demand ("CID").

* The FTC will have responsibility for all healthcare matters except those involving (1) health insurance and (2) those healthcare products and services over which the FTC determines it may lack jurisdiction.