General Business Antitrust & Trade Regulation Criminal Law

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For the first time Germany extradites former executive to the US on antitrust charges

Romano Pisciotti, an Italian national, was extradited from Germany in April 2014 to personally face criminal charges in the US for participating in a worldwide cartel. This is the first time an individual has been extradited...more

What Does the First-Ever Extradition on an Antitrust Charge Mean for the Auto Parts Investigation?

On April 4, 2014, the U.S. Department of Justice, Antitrust Division announced a milestone victory, having successfully litigated its first extradition for an alleged antitrust violation. Romano Pisciotti, an Italian national...more

DOJ Scores First Antitrust Extradition: More to Come?

With Friday’s announcement of the first-ever extradition of a foreign executive on criminal antitrust charges to the United States, the US Department of Justice has won a major victory in its effort to prosecute and deter...more

First Successful Extradition of Foreign National for Price-Fixing Violation

For the first time, the U.S. Department of Justice (DOJ) has successfully litigated an extradition of a foreign national on an antitrust charge. This extradition shows that the DOJ is still pursuing individuals it charged...more

Provisions of UK Enterprise and Regulatory Reform Act Take Effect

New competition provisions may make it easier to prosecute cartel offences, but add additional exclusions and defences. On 1 April, the competition provisions of the UK’s Enterprise and Regulatory Reform Act (ERRA) came...more

Should the Government’s Ability to Use Conspiracy Charges Be Limited?

Last week, the Justice Department’s Antitrust Division (the “Division”) filed a motion for rehearing after significant criminal convictions were overturned on statute of limitations grounds. A conspiracy is deemed to continue...more

The International Comparative Legal Guide to: Cartels & Leniency 2014 7th Edition: Chapter 27 - Netherlands

1 The Legislative Framework of the Cartel Prohibition - 1.1 What is the legal basis and general nature of the cartel prohibition, e.g. is it civil and/or criminal? The Dutch Competition Act (‘DCA’) is based on...more

Second Circuit Reverses Convictions In Municipal Bonds Cartel Case

Court’s application of statute of limitations will likely guide future conspiracy prosecutions. On December 9, 2013, the Second Circuit Court of Appeals issued a 2-1 opinion reversing the conviction of three...more

Price-Fixing Executive Dealt Tough Sentence for Role in Cartel

On December 6, 2013, Frank Peake, former president of Sea Star Line LLC, was sentenced to five years in prison and ordered to pay a $25,000 fine for his role in fixing prices for rates and surcharges for freight...more

Global Anti-Corruption Enforcement And Emerging Practical Issues

As global enforcement becomes a reality, companies face a unique set of risks which can be mind-numbing in complications. With the long-arm reach of the FCPA, UK Bribery Act and other anti-corruption laws, more enforcement...more

White Collar Watch - November 2013

In This Issue: - The true cost of fines: Bills would address tax break for corporate fines - Senate approves new protection for criminal antitrust whistleblowers - Justice Department sinks ex-Navy...more

U.S. Senators Debate Toughening Cartel Penalties

On November 14, 2013, members of the Senate Committee on the Judiciary, Subcommittee on Antitrust, Competition Policy and Consumer Rights heard arguments regarding the effectiveness of current cartel prosecution and...more

What's the One Thing Missing From Your Corporate Compliance Program?

What's the one thing missing from most corporate compliance programs? For a legal perspective, that's the question we put to corporate attorneys writing on JD Supra, asking each to commit to just one essential element...more

China's new wave of regulatory enforcement: what multinationals need to know

Since Xi Jiping became China’s leader this year, the PRC has seen the launch of an unprecedented, sweeping government campaign to tackle corruption. The wave of enforcement action against corrupt officials that...more

Criminal Agreements In Antitrust Prosecutions: Through A Looking Glass

From a criminal defendant’s perspective, Lewis Carroll’s Alice’s Adventures in Wonderland makes an apt point of reference in assessing the law of conspiracy in criminal antitrust cases....more

The Implications of DOJ’s Auto Parts Price-Fixing Enforcement Actions

BACKGROUND - In plea agreements filed by the U.S. Department of Justice (DOJ) on September 26, 2013, nine automobile parts manufacturers agreed to pay more than $740 million in criminal fines to resolve charges of...more

Five Important Lessons From The Antitrust Division’s Record Criminal Settlement

In a fitting tribute to the departing Deputy Assistant Attorney General Scott Hammond, the architect of the Antitrust Division’s criminal enforcement plan, the Department of Justice last week announced a record criminal...more

Can Reverse Payments In Patent Settlements Constitute Criminal Cartel Conduct?

It is a well-established and universally accepted principle of competition law that a payment by one competitor to another competitor not to enter a market is anticompetitive, and in Australia since 2010 a criminal offence....more

Changes to Bureau Enforcement Policies Signal New Aggressive Stance

Canada’s Competition Bureau (Bureau) today announced substantial revisions to their immunity and leniency policies’ FAQs. While the fundamental features of the programs do not change, new elements have been added signalling...more

The European Antitrust Review - 2014: Italy: Cartels

Anti-competitive behaviours such as price fixing, sharing markets and horizontal agreements between undertakings aiming to agree commercial strategies and policies are considered the most harmful infringements of competition...more

When the cartel investigators come calling - top ten do's, top ten don'ts

A company may first learn that it is involved in an antitrust investigation in the US when federal agents appear at offices or homes armed with a search warrant to seize electronic and hard-copy records, computers, smart...more

Criminal Antitrust Enforcement: The Success Of The Leniency Program

With all the attention paid to anti-corruption enforcement and compliance, it always amazes me how successful the Department of Justice criminal antitrust enforcement program has been and will continue to be. Starting in the...more

Denso Executives Sentenced to Over a Year in Prison for Price Fixing

On August 5, two Denso Corp executives were sentenced to over a year in prison following their guilty plea to participating in a conspiracy to fix prices in violation of the antitrust laws....more

Bill Baer Announces First Major Policy Shift And Provides 2013 Antitrust Division Update

Bill Baer assumed his post as leader of the U.S. Department of Justice (DOJ) Antitrust Division in January of this year and is starting to make his mark....more

Criminal Antitrust Newsletter - July 2013

INDUSTRY SCORECARD - E-books: Apple Inc.’s high-profile price-fixing trial ended in June, and the Court decided the case in the government’s favor recently. Some reports from the trial suggested that the case brought...more

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