Power Struggle at DOJ: Top Antitrust Official Gail Slater Steps Down Amid Enforcement Rift
Assistant Attorney General (AAG) Gail Slater has resigned from her position at the Department of Justice after months of reported conflicts over high-profile merger enforcement. AAG Slater’s departure raises critical questions about the future direction of antitrust enforcement and the degree of autonomy the Antitrust Division will maintain under the current administration.
Deputy Assistant Attorney General Omeed Assefi, who currently oversees criminal enforcement at the Antitrust Division, is expected to oversee the Antitrust Division. However, the ultimate decision-making authority on major deals and the operational independence of the Division remains unclear as the Trump White House continues to assert greater control over merger reviews.
White House Overrides Antitrust Division on Major Mergers
Slater's tenure, which began in March 2025 following her Senate confirmation by a 78-19 vote, was marked by escalating conflicts with Justice Department leadership who repeatedly overruled recommendations from staff in the Antitrust Division. While the Antitrust Division has historically operated with significant independence – basing enforcement decisions on competition analysis rather than political considerations – the current Trump Administration has taken a more active role in merger enforcement, with political objectives appearing to influence or supersede traditional antitrust analysis.
The first public flashpoint occurred in June 2025 surrounding the HPE-Juniper Networks settlement. The DOJ initially sued to block Hewlett Packard Enterprise's proposed $14 billion acquisition of Juniper Networks, but senior DOJ officials – including DOJ Chief of Staff Chad Mizelle – overruled AAG Slater days before trial. According to reports, Mizelle ordered the Antitrust Division to settle the action, which critics characterized as inadequate. Two senior Antitrust Division attorneys, Roger Alford and Bill Rinner, were subsequently fired in July 2025 for alleged "insubordination" after opposing the settlement. Alford accused the DOJ of "perverting justice" and allowing decisions to be made "depending on whether the request or information comes from a MAGA friend."
Last month, the Compass-Anywhere Real Estate merger was permitted to close without a second request from the Antitrust Division, despite reports that AAG Slater wanted an extended review of the deal. The $1.6 billion merger between the largest and second-largest real estate firms in the U.S. created the world’s largest real estate brokerage valued at roughly $10 billion and gives the combined company market share above 40% in many major U.S. cities, including over 80% in Manhattan.
Most recently, in February 2026, reports emerged that Live Nation-Ticketmaster executives and lobbyists have been negotiating with senior DOJ officials outside the Antitrust Division to avert a trial scheduled for March 2026. Settlement discussions have reportedly occurred without AAG Slater's involvement, further undermining her authority. The DOJ denied these characterizations, stating "AAG Slater is very much involved."
Omeed Assefi: Expected Acting AAG
With Slater’s departure, Omeed Assefi, currently the Deputy Assistant Attorney General for criminal enforcement in the Antitrust Division, is expected to become acting AAG. He previously served in that role before Slater’s confirmation. It remains unclear how closely Assefi will align with DOJ leadership and the Trump White House, or how much autonomy he will have over enforcement decisions when disagreements arise.
As acting AAG, Assefi authorized the initial lawsuit to block the HPE–Juniper Networks deal. In July, he led the criminal prosecution of a CEO in the live entertainment industry for orchestrating a bid-rigging conspiracy involving an arena in Austin, Texas; President Trump later pardoned the executive. Assefi also recently oversaw the DOJ’s first $1 million whistleblower award under a new program designed to encourage reporting of antitrust violations.
Prior to his current role, Assefi served as an Assistant U.S. Attorney in D.C. and, during the first Trump administration, as Deputy Associate Attorney General supervising the Civil, Antitrust, and Civil Rights Divisions, and as Chief of Staff of the Civil Rights Division.
Bottom Line
Gail Slater's resignation underscores a fundamental shift in antitrust enforcement. While the Antitrust Division has historically functioned with substantial autonomy, recent events demonstrate that ultimate decision-making authority on major deals now rests with senior political appointees and White House officials who may prioritize broader administration objectives over traditional competition analysis.