The Department of Justice issued new guidance last week on the use of arbitration in Antitrust Division matters. The Division’s guidance comes in the wake of its use of arbitration for the first time in United States v. Novelis Inc. and Aleris Corporation. The new guidance sets forth the Antitrust Division’s policy “to encourage the use of ADR techniques in those civil cases where there is a reasonable likelihood that ADR would shorten the time necessary to resolve a dispute, reduce the taxpayer resources used to resolve a dispute, or otherwise improve the outcome for the United States.”[1]