News & Analysis as of

Monopolization Department of Justice (DOJ) Criminal Prosecution

BakerHostetler

Antitrust Sanctions: The Duty to Preserve Chats

BakerHostetler on

On August 5, 2024, District Judge Amit P. Mehta (U.S. District Court, District of Columbia) ruled in United States v. Google LLC that Google violated §2 of the Sherman Act by monopolizing the internet search engine market....more

Manatt, Phelps & Phillips, LLP

U.S. DOJ Antitrust Division Uses Wiretaps to Detect and Prosecute Procurement Collusion

The U.S. Department of Justice’s (DOJ) Procurement Collusion Strike Force (PCSF) has struck again, this time with the help of a Title III wiretap. ...more

WilmerHale

ABA Spring Meeting Sessions: Key Highlights From US Antitrust Enforcers’ Statements (April 10-12, 2024)

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Below is a summary of some of the most important points made by antitrust enforcers who participated in panels at the ABA Antitrust Section’s annual Spring Meeting....more

Vinson & Elkins LLP

Criminalizing Monopolists: Sincere Revival, or DOJ Sabre-Rattling?

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Since early 2022, representatives of the U.S. Department of Justice’s (“DOJ”) Antitrust Division have made a series of increasingly strident public remarks about the Antitrust Division’s newfound willingness to criminally...more

Dorsey & Whitney LLP

After Nearly Fifty Years of Dormancy, Criminal Monopolization Charges Have Returned

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​​​​​​​For nearly 50 years, the Antitrust Division of the United States Department of Justice (DOJ) has brought federal criminal charges only for allegations of illegal coordinated behavior among competitors in violation of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Is the DOJ’s First Criminal Monopolization Case in Decades More Bark Than Bite?

In October, the Department of Justice Antitrust Division announced its first criminal attempted monopolization charges in more than 40 years. In the case, U.S. v. Zito, Nathan Nephi Zito, the owner of a Montana paving...more

Cooley LLP

Business Owner Pleads Guilty to Attempted Monopolization in Violation of Section 2 of Sherman Act

Cooley LLP on

On October 31, the Antitrust Division of the US Department of Justice (DOJ) delivered on its promise to pursue criminal enforcement of Section 2 of the Sherman Act when it secured a guilty plea from a highway paving...more

The Volkov Law Group

Antitrust Division Secures First Criminal Attempted Monopolization Guilty Plea in Decades

The Volkov Law Group on

In yet another indication of the renewed, aggressive antitrust enforcement program, the Justice Department recently announced the first attempted criminal monopolization case in decades — Nathan Nephi Zito, the president of a...more

Polsinelli

No Agreement? No Worries: Justice Department Secures Historic Criminal Attempted Monopolization Conviction

Polsinelli on

In yet another signal in support of the notion that “the era of lax enforcement is over, and the new era of vigorous and effective antitrust law enforcement has begun,” on October 31 the Antitrust Division of the Department...more

BakerHostetler

DOJ Antitrust Brings First Criminal Monopolization Case in More Than 40 Years

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Key Takeaways - ..U.S. v. Nathan Nephi Zito is the first criminal monopolization case in more than 40 years, reversing the Antitrust Division’s practice of pursuing monopolization cases only civilly. ..The elements...more

WilmerHale

DOJ Obtains First Criminal Monopolization Conviction in Over 40 Years: Revolution or Reprise?

WilmerHale on

On October 31, 2022, the US Department of Justice (DOJ) secured a criminal guilty plea from Nathan Zito, the president of a Montana paving and asphalt contractor, to attempted monopolization under Section 2 of the Sherman...more

McDermott Will & Emery

DOJ Antitrust Division Signals Impending Criminal Monopolization Cases

McDermott Will & Emery on

WHAT HAPPENED - On March 2, 2022, the US Department of Justice (DOJ) Antitrust Division Deputy Assistant Attorney General Richard Powers revealed that the DOJ intends to investigate and pursue alleged criminal violations...more

McGuireWoods LLP

DOJ Signals Intent to Bring Criminal Charges for Monopolization

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The U.S. Department of Justice’s Antitrust Division previewed on March 2, 2022, a potentially dramatic shift in its enforcement of Section 2 of the Sherman Act, which prohibits monopolization, attempted monopolization and...more

BakerHostetler

Antitrust Division Announces Newfound Intent to Pursue Monopolization Cases Criminally

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This week, during a panel discussion at the American Bar Association’s annual National Institute on White Collar Crime, Antitrust Division Deputy Assistant Attorney General Richard Powers sent shockwaves through the defense...more

Stinson LLP

In Wake of COVID-19 Pandemic, U.S. Department of Justice Coronavirus-Related Prosecutions Heat Up

Stinson LLP on

What Proactive Steps Businesses Should Take to Ensure Robust Compliance Measures - A U.S. Department of Justice memo issued last week by Deputy Attorney General Jeffrey Rosen directed DOJ prosecutors to focus their...more

McGuireWoods LLP

March Antitrust Bulletin

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On February 5, 2016, the Federal Trade Commission opposed McWane Inc.’s petition to the U.S. Supreme Court to review the 11th U.S. Circuit Court of Appeals’ affirmation of a November 2015 FTC opinion that McWane unlawfully...more

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