Criminal Law Antitrust & Trade Regulation

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Japanese Shipping Company Rolls Over, Pleads Guilty to Price Fixing

On September 26, 2014 Japanese transportation company Kawasaki Kisen Kaisha Ltd. (K-Line) agreed to plead guilty to price fixing, bid rigging and allocating customers for international ocean shipping services for “roll-on,...more

Could Amazon Possibly Be a Monopolist?

Franklin Foer, at the New Republic, argues that the answer is yes. The alleged “crime”: predatory pricing — if not express, than at least in spirit....more

OIG Releases New Proposals on Anti-kickback Statute Safe Harbors, Exceptions to the CMP Law and the Gainsharing Prohibition

On October 3, 2014, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) published a long-awaited proposed rule for implementing amendments to safe harbors under the Anti-kickback Statute and...more

Does a Compliance Program Matter to U.S. Antitrust Enforcers?

Two weeks ago Assistant Attorney General Bill Baer and Deputy Assistant Attorney General Brent Snyder of the Department of Justice’s Antitrust Division gave speeches in which they commented on the role of corporate compliance...more

Stopping the DOJ at the Border? A New Defense to the Reach of Federal Extraterritorial Criminal Action

In a one-day Department of Justice Antitrust Division takedown last September, nine international companies based outside the United States pled guilty to criminal antitrust violations and agreed to pay more than $740 million...more

Competition Commission of India Conducts First-Ever Raid

Earlier this week, India’s competition regulator-the Competition Commission of India (“CCI”)-raided two offices of JCB India Limited (“JCB”), a UK-based manufacturer of construction equipment. This raid marks the first time...more

Antitrust In Australia: Where Is It Heading?

The ACCC argues the current wording of section 46 of the Competition and Consumer Act 2010 (CCA) (which regulates misuse of market power) does not sufficiently capture exclusionary anti-competitive conduct that can damage the...more

The Burden of Corporate Probation May Follow an Antitrust Conviction

The Antitrust Division of the Department of Justice (the “Division”) has announced a major policy shift. When a company has been convicted for a criminal antitrust offense, the Division may seek to impose the significant...more

DOJ Antitrust Enforcers Take to the Bully Pulpit on Prosecuting Antitrust Crimes and Antitrust Compliance Programs

In recent years, antitrust criminal enforcement efforts have increased around the world. These efforts focus mainly on cartels — which the Supreme Court calls “the supreme evil of antitrust” — that conspire to fix prices, rig...more

Anti-Corruption Enforcement Targets Financial Service Industry

The U.S. Department of Justice (DOJ) recently made enforcement of the Foreign Corrupt Practices Act (FCPA) a top priority, second only to terrorism. While an overall increase in enforcement puts all industries on alert, the...more

EY Fraud Survey & Compliance Fatigue. Do as I say not as I do.

A few weeks ago I posted “EY Global Fraud Survey: “Depressing,” yes, surprising, no” and shortly thereafter, Philipp Kloeber, Consultant at Ernst & Young, Melbourne, Australia was kind enough to refer me to the EY paper...more

DOJ Makes Headway in Fight Against Financial Fraud

On August 18, 2014, following a Department of Justice (DOJ) investigation and criminal indictment, Paul Robson became the second former Rabobank employee to plead guilty for his participation in a scheme to manipulate the...more

Insurance Antitrust Legal News: Volume 3, Number 5

European Antitrust "Block Exemption" for Insurance Under Review: In the United States, the McCarran Ferguson Act (15 USC 1011-1015), enacted by Congress in 1945, provides the insurance industry with a limited exemption...more

Antitrust-Related Recent Developments: Comments Requested on Price Fixing Penalty Revisions, FTC Settles Section 5 Claim Against...

Sentencing Commission Requests and Receives Comments on Price Fixing Penalty Revisions - The U.S. Sentencing Commission is currently seeking public comments on sentencing for price fixing, bid rigging and market...more

Orrick's Antitrust and Competition Newsletter - August 2014

China’s MOFCOM Blocks ‘P3 Alliance’ Despite EU, U.S. Non-Opposition - On June 17, 2014, China’s Ministry of Commerce, China’s competition regulator, prohibited the proposed “P3 Alliance” that would have combined the...more

FCPA Fugitives

The FCPA has broad extraterritorial reach. Everyone knows that and understands how foreign conduct can be prosecuted in the United States courts. FCPA violators, however, are learning about the long-arm of the law and...more

Criminal Antitrust Fines: Trends and Recent Developments

Over the past ten years, criminal antitrust fines have increased dramatically: they totaled only $107 million in fiscal year (“FY”) 2003, but increased to a high of $1.14 billion in FY-2012 and remained relatively steady at...more

Insurance Antitrust Legal News - July 2014 • Volume 3, Number 4

In This Issue: - COURT DENIES BLUES’ MOTION TO DISMISS IN RE BLUE CROSS BLUE SHIELD ANTITRUST LITIGATION (MDL 2406): On June 18, United States District Court Judge David Proctor (Northern District of Alabama)...more

Auto Parts Investigations Require Effective Antitrust Compliance Programs to Limit the On-going Risk

Steady as clockwork, auto parts investigations around the globe are continuing. These investigations have exposed wide-ranging price fixing conspiracies. Prosecutors rely on well-organized global enforcement cooperation,...more

FTC Settles Claims Against Credit Repair Company

The Federal Trade Commission recently announced that it has entered into a settlement with one of the nation’s largest credit repair companies and its owners for alleged violations of the Credit Repair Organizations Act...more

Spotlight on Antitrust: Asia Edition

In this issue: - The U.S. DOJ Secures Two Extraditions of Foreign Nationals on Antitrust Charges: Who Is Next? - U.S. Circuit Courts Limit Reach of Sherman Act Against Asian Cartel - Mark Rosman, Partner...more

Car Jacking: Former Nissan Employees in Japan Arrested for Suspected Trade Secret Theft

On May 13, 2014, a former employee of Nissan in Japan was arrested by the Economic Affairs Division of the Kanagawa Prefectural Police on suspicion of trade secret theft. The arrest was made under the trade secret provisions...more

One person’s gift, another person’s bribe: The challenge of giving gifts in China, Part 1

It was the week before Chinese New Year. The financial year had ended weeks earlier and unpaid invoices had made a dent in the annual performance of the small family business. For months, the foreign husband, a co-owner of...more

Cyber-Symbolism? DOJ Announces First-Of-Its-Kind Prosecution Of State Actors — But Does It Matter?

The U.S. Justice Department has charged members of the Chinese military with allegedly engaging in economic espionage against American companies. It’s the first time that the United States has leveled such charges against...more

Esquenazi Part II – The Test For Determining An Instrumentality Under The FCPA

In Part I of my review of the 11th Circuit Court of Appeals decision in the Esquenazi case, I reviewed the Court of Appeals opinion. Today, in Part II, I want to drill down further and examine the test developed by the Court...more

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