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China’s Antitrust Authority Imposes Fines on Foreign Corporations for the First Time

Recently China’s National Development and Reform Commission (NDRC) imposed an RMB 353 million (USD 56.7 million) penalty against an international price-fixing cartel of LCD manufacturers, the largest the NDRC has ever imposed...more

JFTC Releases Survey on Corporate Compliance Efforts and Recommends Best Practices

On November 28, 2012, the Japan Fair Trade Commission (“JFTC”) published the findings of its 2012 survey of corporate compliance practices based on (i) responses from approximately 879 companies listed on the Tokyo Stock...more

Inside the Mind and Behind the Numbers: Ponzi Schemes

John Hanson, a former FBI Agent and practicing forensic accountant, takes you inside of his mind and behind the numbers of a Ponzi Scheme to answer the universal question: "Where did all that money go?" Based on actual...more

2012 Antitrust Enforcement – A Big Year

The Justice Department’s criminal antitrust enforcement program has had some major successes. In many respects, the Justice Department’s criminal antitrust program provides an example of what the FCPA criminal program may...more

The LIBOR Scandal Unraveled

The LIBOR “scandal” could have far-reaching implications for financial institutions in the United States and global markets. It is hard to know exactly how the issue will play out. The Department of Justice is definitely...more

You’d Better Watch What You Say: The Fifth Amendment’s Role In Cross-Border Investigations

Originally published in InsideCounsel.com on July 11, 2012. The government increasingly has turned its focus abroad, to cross-border investigations and prosecutions, garnering major headlines in cases involving the Foreign...more

Good News/Bad News for M&A and Antitrust: Transactions on the Rise But So is Aggressive Enforcement, Including Prospect of Jail...

The Department of Justice (DOJ) and Federal Trade Commission (FTC) recently issued their Hart-Scott-Rodino (HSR) Annual Report, documenting a significant increase both in the number of transactions reported and the number...more

SFO Press Release on Manipulation of LIBOR

On July 2, the Serious Fraud Office (SFO) published a press release regarding the manipulation of the setting of the London Interbank Offered Rate (LIBOR). In the press release, the SFO stated that it had been working...more

OFAC’s Long Arm of the Law

Who would have ever guessed that the largest corporate penalty paid in 2012 would be an OFAC enforcement action. The Justice Department has many major FCPA enforcement actions in the queue awaiting approval and public...more

The “Top Fives” Concerning Antitrust Compliance Programs

There are a number of lengthy articles about antitrust compliance programs. This quick post will give you short answers to three questions: (i) why should you have a compliance program? (ii) what features should a program...more

Criminal Antitrust Update - May 2012

IN THIS ISSUE: - Industry Scorecard Publishing: Although the case is civil rather than criminal, the U.S. Justice Department’s Antitrust Division (Division) launched a significant price-fixing lawsuit against...more

Ten Things to Do When Your Company Receives a DOJ Grand Jury Subpoena

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

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

Anti-Corruption and the Auto Industry

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?

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

Streamlining the UK competition regime – a unified competition authority and a lower standard for establishing criminal liability

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

Reform of UK Competition Regime – One Step Closer

On 15 March, 2012, almost a year since a public consultation was launched, the UK Department of Business, Innovation and Skills (BIS) announced wide reaching changes to the UK competition regime. The reforms straddle almost...more

The Justice Department’s Slippery Slope — Enforcement Versus Regulation

The Department of Justice is proud of its record on FCPA enforcement. They take credit whenever and wherever they can. They trumpet every settlement. They proudly proclaim that over half of last year’s criminal...more

Investors Urge Congress to Prioritize Proposed Transparency in Supply Chains Legislation

A coalition of 80 institutional investors sent a letter to Congress last week in support of the Business Transparency on Trafficking and Slavery Act (HR 2759).  As discussed previously, the proposed legislation would...more

2011—The Year In Review: Trends in Health Care Enforcement The First in a Continuing Series

Since President Obama formed the Health Care Fraud Prevention and Enforcement Action Team (“HEAT”) in May 2009, combating health care fraud has been a federal “cabinet-level priority.” ...more

Ireland Toughens its Competition Law Enforcement

On September 29, 2011, Ireland’s Minister for Jobs, Enterprise and Innovation, published a new competition bill (The Competition (Amendment) Bill 2011). This bill includes measures aimed to further enhance the Irish...more

Sellers Beware: Regulatory Action May Lead to Criminal Charges

Having the Federal Trade Commission – or any other government agency – initiate an action against you or your company may seem like very bad news. But it can get much worse. Sometimes, what starts as a civil action by a...more

Bribery Act 2010 Guidance in the UK

Useful guidance from the UK Government on the application of The Bribery Act 2010....more

China Beefs Up Its Anti-Bribery Law With Its Very Own Version Of The FCPA

Companies doing business in the People's Republic of China (“PRC”) have yet another path to potential criminal liability. On February 25, 2011, the PRC legislature passed 49 amendments to the PRC Criminal Law. One such...more

Ministry of Justice announces further delay to the implementation of the UK Bribery Act

Since the Bribery Act 2010 received Royal Assent in April 2010 it has been beset with criticism from the business community and subject to delay. The Act, which has been described as “one of the most draconian anti-corruption...more

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