Antitrust Law Daily Wrap Up, ANTITRUST NEWS: Justice Department approves Defense Production Act Consortium’s updated Voluntary Agreement, (Apr 27, 2026)

By Donielle Tigay Stutland, J.D.

DOJ commended “domestic nuclear energy companies involved in the DPA Consortium for their efforts to assist the United States in strengthening the nuclear industrial base while staying within the bounds of antitrust law.”

The Justice Department’s Antitrust Division announced that, after consulting with the Federal Trade Commission (FTC), it published approvals for the U.S. Department of Energy (DOE) Defense Production Act (DPA) Consortium’s updated Voluntary Agreement and related Plans of Action. The Acting Assistant Attorney General Omeed Assefi found, with respect to the Implementing Voluntary Agreements Under the Defense Production Act (“Voluntary Agreement”) proposed by the DOE, that the purposes of section 708(c)(1) of the DPA may not reasonably be achieved through a voluntary agreement having less anticompetitive effects or without any voluntary agreement. Additionally, the Acting Assistant Attorney General found, with respect to the Implementing Voluntary Agreements proposed by the DOE, that the purposes of section 708(c)(1) of the DPA may not reasonably be achieved through plans of action having less anticompetitive effects or without any plans of action.

DPA Section 708 authorizes industry to enter into agreements necessary to meet national defense requirements. Under the DPA, DOE may enter into plans with representatives of private industry for the purpose of improving the efficiency with which private firms contribute to the national defense when conditions exist that may pose a direct threat to the national defense or its preparedness, and such arrangements are generally known as “voluntary agreements.” The agreements enable U.S. nuclear energy companies to collaborate on strengthening the domestic nuclear industrial base, in line with President Trump’s Executive Order 14,302, Reinvigorating the Nuclear Industrial Base. Under DPA Section 708, participating companies receive a limited antitrust defense for actions taken under the approved agreements. The DOJ, FTC, and DOE are tasked with monitoring implementation, however, the DOJ will be leading efforts with FTC and DOE to continue to monitor the DOE DPA Consortium in its implementation of the approved Voluntary Agreement and Plans of Action.

In the accompanying press release, the DOJ lauded the participants for their efforts to be cognizant of antitrust law. “The Defense Production Act is a powerful tool for addressing issues related to our nation’s defense and preparedness programs. We look forward to working with our DOE colleagues to achieve the DPA Consortium’s goals of energy independence and reliable access to fuel America’s energy dominance,” said Assefi of the Justice Department’s Antitrust Division. “We applaud the domestic nuclear energy companies involved in the DPA Consortium for their efforts to assist the United States in strengthening the nuclear industrial base while staying within the bounds of antitrust law.”

“The Consortium’s work comes at a pivotal time for nuclear energy growth in our country,” said Assistant Secretary of Nuclear Energy Ted Garrish. “I’m pleased with the dedication of the Committee and am looking forward to rapid progress on near term goals to achieve a robust American-made supply of nuclear fuel.”

News: Antitrust AntitrustDivisionNews