Lessons Learned: A Government Litigation Case Study
The Latest from the DOJ Antitrust Division
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$300 Million Dairy Settlement Will Bring Reform, Lawyer Says
DOJ’s Antitrust Division has been relatively quiet in prosecuting criminal cartel or bid-rigging cases. Since 2015, the Antitrust Division’s criminal enforcement has fallen from the billions in penalties each year to the...more
In recent years, information exchange has become a priority for both government antitrust enforcers and private antitrust plaintiffs. Across industries, business practices such as benchmarking and algorithmic price setting...more
For the third time in as many months, the U.S. federal antitrust enforcement authorities -- the Federal Trade Commission and the Antitrust Division of the Department of Justice -- have filed a statement of interest in an...more
A private equity firm and its investment advisor are facing trial over claims they participated in a price-fixing conspiracy for canned tuna carried out at their portfolio company, Bumble Bee tuna. The judge overseeing the...more
The Antitrust Division has been active – like any aggressive prosecution strategy, however, its results have been mixed. Its record in criminal cases has taken serious hits – a stunning set of losses in the chicken...more
Introduction - Class Plaintiffs in the case of In re Foreign Exchange Benchmark Rates AntiTrust Litigation alleged that Defendant banks conspired to fix prices in the foreign exchange (“FX”) market in violation of Sections 1...more
In December 2022, the Antitrust Division of the U.S. Department of Justice and the U.S. Department of Health and Human Services' Office of the Inspector General announced a memorandum of understanding memorializing their...more
The Justice Department’s Antitrust Division has had a rough year in the criminal arena. While the Antitrust Division has aggressively blocked several proposed mergers, it has lost several significant criminal cases. ...more
The DOJ Antitrust Division is amplifying the Biden Administration’s whole-of-government approach to antitrust enforcement by seeking cooperation from enforcers outside the U.S....more
As price gouging restrictions remain in place in many states and municipalities, new and ongoing enforcement actions continue to advance or settle. Over the past several weeks, we have seen a number of noteworthy developments...more
The Justice Department’s Antitrust Division continues to target a sprawling cartel investigation of the chicken industry. In its most recent action, the Justice Department announced an indictment of Koch Foods and four...more
Here are last week’s curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: Florida AG Prevails Against CDC Over...more
On March 26, 2021, Southern District of Florida District Court Judge Cecilia Altonaga denied a motion to dismiss an antitrust class action alleging a conspiracy to fix the price of farm-raised Atlantic salmon globally....more
As the Bilzin Sumberg team previously reported in June 2020, the Department of Justice (DOJ) indicted four executives from Pilgrim’s Pride and Claxton Poultry for their participation in a conspiracy to fix prices and rig bids...more
If there is a silver lining to the extended application of most state price gouging laws, it is that we now know more about their ramifications. State attorneys general have launched numerous investigations and brought many...more
The Justice Department announced a major expansion of its ongoing investigation and prosecution of executives and employees in the boiler chicken price-fixing conspiracy....more
Price gouging enforcement is at an all-time high, but many ambiguities about the application of these state laws remain. Among the many questions left unanswered: what does a statute mean when it says “trade area” or “market...more
Funds — through their portfolio companies — may have a significant antitrust opportunity against the major U.S. railroad companies. ...more
Price gouging enforcement and litigation is front and center for company counsel and business managers nationwide. Our weekly round up highlights some of the most relevant news and information to our clients and friends. ...more
The Antitrust Division’s recent indictment of the boiler chicken executives provided an important reminder to compliance officers on the importance of an effective antitrust compliance program....more
The recent indictment of four executives involved in a long-running price-fixing scheme among broiler chicken suppliers provides an important window into how such conspiracies work and evade detection....more
The Justice Department’s Antitrust Division recently announced the indictment in Colorado federal court of four executives from two chicken producer companies for participation in a long-running price-fixing and bid-rigging...more
On June 3, 2020, Proskauer’s Antitrust Group hosted a webinar on what supply chain businesses should know about price gouging laws and regulations, and, during and after the webinar, we fielded some thoughtful follow-up...more
On June 3, 2020, the Department of Justice (DOJ) indicted executives from Pilgrim’s Pride Corporation and Claxton Poultry Farms—two of the country’s largest chicken producers. The criminal action was filed in the District of...more
On 29 April 2020, the Competition Tribunal handed down its first judgment on financial penalties in a competition case in Hong Kong. The Tribunal had earlier found that the respondents, ten flat decorators, had contravened...more