REGULATORY: Global Competition Law: Pakistan’s Competition Commission grants Leniency in Electrical Products Cartel by Suzanne Rab by King & Spalding on 5/15/2012 In a landmark decision on 4 April 2012, Pakistan’s Competition Commission (CCP) granted Siemens total immunity from fines for its cooperation in a cartel investigation relating to bid rigging in supplies to power companies....more
Tampering with Documents in Connection with a Merger Investigation can Land You in Jail! by Sheppard Mullin Richter & Hampton LLP on 5/11/2012 One does not usually associate the possibility of criminal penalties with the Hart-Scott-Rodino Act premerger review process. However, on May 3, 2012, the U.S. Department of Justice ("DOJ") announced that an executive of a...more
Is Resale Price Maintenance Illegal Under New York Law? by Howard Ullman on 5/10/2012 In People v. Tempur-Pedic International, Inc. (May 8, 2012), the appellate division of the New York Supreme Court affirmed a trial court’s decision dismissing the New York Attorney General’s complaint and finding that...more
Ten Things to Do When Your Company Receives a DOJ Grand Jury Subpoena by Howard Ullman on 5/9/2012 You have just received notice of a grand jury subpoena duces tecum from the Department of Justice Antitrust Division in connection with a price-fixing investigation. (The likelihood of doing so may be on the rise. In 2008,...more
Reminder: the DOJ Has Criminal Antitrust Enforcement Powers Beyond Price Fixing by Howard Ullman on 5/8/2012 On May 3, the U.S. DOJ announced that an executive of South Korean-based Hyosung Corporation agreed to plead guilty and to serve time in a U.S. prison for obstruction of justice charges in connection with an automated teller...more
Morgan Stanley Goes One for One with a Best Practices Compliance Program by Thomas Fox on 5/2/2012 I believe that the Peterson enforcement action is one of the most significant in 2012 to date. It provides solid guidance to the compliance practitioner on what the DOJ and SEC think is important and gives you actions that...more
Wal-Mart Bribery Allegations: Initial Impressions [Video] by Thomas Fox on 4/27/2012 The FCPA world changed last Sunday with the New York Times article about allegations of bribery by Wal-Mart related to its Mexico operation. This sea change will impact not only companies with Mexico operations but likely...more
The Impact of the New York Times Report on Wal-Mart’s Bribery Scandal by Michael Volkov on 4/22/2012 The New York Times report on Wal-Mart’s handling of bribery allegation has shaken the anti-corruption community. The New York Times’ description of what occurred inside of Wal-Mart, if true, is devastating. Here is a link...more
Criminal Antitrust Update - April 2012 by Patton Boggs LLP on 4/13/2012 In This Issue: - Industry Scorecard - Case Development – Supreme Court Declines to Hear Foreign Trade Antitrust Improvements Act Appeal - The Impact of the AU Optronics Corp. Convictions Excerpt from Industry...more
Five Takeaways from the AUO Price-Fixing Trial by McKenna Long & Aldridge LLP on 4/11/2012 The Antitrust Division of the Department of Justice has conducted a cross-border investigation into price-fixing allegations regarding the thin-film transistor liquid crystal display (“LCD”) panels used in flat-screen...more
Anti-Corruption and the Auto Industry by Michael Volkov on 4/11/2012 Some industries have dodged anti-corruption industry sweeps. So far, the industry sweeps have focused on logistics, oil, pharmaceuticals and medical devices. The logistics industry has been a fertile source for other...more
New UK Competition and Markets Authority: What’s in a Name? by Dechert LLP on 4/6/2012 On 16 March 2011, the UK government’s Department for Business, Innovation and Skills (BIS) launched a consultation proposing a number of reforms to the UK competition regime. After considering the responses on its proposals...more
European Commission Considers Taking Over Cartel Investigations to Prevent Exploitation of German Law Loophole by McDermott Will & Emery on 3/22/2012 Under German law, companies may escape cartel fines by undertaking an internal restructuring. The German competition authority has indicated a willingness to reallocate such cases to the European Commission, which can impose...more
Streamlining the UK competition regime – a unified competition authority and a lower standard for establishing criminal liability by White & Case LLP on 3/19/2012 Yesterday, the UK Government published its response to the consultation on competition reform. As widely expected, the Government has confirmed it will introduce a legislative proposal to merge the existing Competition...more
DOJ Wins AUO Convictions in LCD Price-Fixing Trial, Successfully Defending Its Cartel Program by Sheppard Mullin Richter & Hampton LLP on 3/19/2012 In a widely followed eight-week trial before the Honorable Susan Illston in the Northern District of California, the Antitrust Division of the United States Department of Justice succeeded in obtaining price-fixing...more