US DOJ updated its guidance on use of arbitration

The US Department of Justice (DOJ) has updated its guidance on alternative dispute resolution (ADR) techniques for their antitrust division. This update follows the DOJ’s win of its first antitrust arbitration case United States v. Novelis Inc. and Aleris Corporation in August 2020. It indicates that the DOJ plans to use ADR more in the future, citing the potential to eliminate unnecessary civil litigation, shorten the time that it takes to resolve civil disputes, and achieve better case resolutions while spending less public money as the main reasons. In addition, the DOJ states that ADR will accelerate settlements, avoid trials, and provide enhanced resolution of disputes that litigation cannot provide.