Be prepared for trial. Baer noted that though most cases settle, the DOJ must be able to prove their case to a judge.

Coordinate with other agencies, both domestic and foreign. Baer explained that engaging with other antitrust agencies is important to protect consumers and competition. Baer noted that the FTC and DOJ routinely collaborate on law enforcement, policy-making and competition advocacy. For instance, the FTC refers hard-core Sherman Act Section 1 violations to the DOJ for criminal prosecution, and the DOJ refers to the FTC matters that best fall under Section 5 of the FTC Act. Baer also lauded the DOJ's coordination with other US government agencies and international competition authorities, particularly with respect to recent cartel investigations and merger control.

Limit needless burdens and costs. As examples of the DOJ's commitment to lowering unnecessary burdens and costs, Baer pointed to:

Give meaningful front-end guidance to businesses, courts and the public on antitrust analysis. Baer noted that the antitrust agencies educate consumers by issuing formal guidelines, such as the Horizontal Merger Guidelines, as well as business review letters and speeches, sometimes specific to certain sectors or conduct.

Anticipate market disruptors and protect innovators. Baer explained that when new business models disrupts a market, competitors are tempted to resort to anticompetitive means to preserve their profits. For example, Baer pointed to the current pharmaceutical market and how competition from generic manufacturers led to anticompetitive conduct by other competitors.

Pay careful attention to remedies. Baer explained that remedies are crucial to maximize competition and minimize regulatory involvement. In addition to continued demand for civil penalties and disgorgement, as seen in the gun-jumping enforcement action in last year's Flakeboard/SierraPine merger, Baer noted the importance of: