News & Analysis as of

Price-Fixing Sherman Act Antitrust Violations

Brownstein Hyatt Farber Schreck

DOJ Alleges Illegal Rental Price-Fixing in Antitrust Case

In a highly anticipated move, the U.S. Department of Justice (“DOJ”) along with eight states filed a complaint against RealPage, Inc. for antitrust claims arising from its pricing software. The DOJ claims that RealPage has...more

The Volkov Law Group

Antitrust Division Indicts Company, Executive and Employee for $100 Million Price-Fixing Conspiracy

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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

Patterson Belknap Webb & Tyler LLP

DOJ and FTC File Statement of Interest in Hotel Room Algorithmic Pricing Case

On March 28, 2024, the U.S. Department of Justice Antitrust Division and the Federal Trade Commission (“the agencies”) jointly submitted a Statement of Interest on behalf of the United States in Cornish-Adebiyi v. Caesars...more

MoginRubin LLP

Algorithmic Price-Setting by Multiple Competitors is a U.S. Antitrust Enforcement Priority

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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

McDermott Will & Emery

Fourth Circuit Holds Per-Se Rule Does Not Apply in Bid-Rigging Case

McDermott Will & Emery on

A three-judge panel from the US Court of Appeals for the Fourth Circuit overturned an executive’s bid-rigging antitrust conviction, holding that the district court erred in applying the per se standard to the executive’s...more

Constangy, Brooks, Smith & Prophete, LLP

Antitrust for HR professionals

Maybe don’t get a drink with your competitor. These are not easy times to be in human resources. Attracting, recruiting, and retaining talented employees is as challenging as ever. As I have previously written, wages are...more

Troutman Pepper

Antitrust Criminal Enforcement on the Horizon

Troutman Pepper on

With the end of summer and fall right around the corner, the U.S. Department of Justice (DOJ), Antitrust Division is gearing up for several crucial displays of its criminal enforcement priorities across multiple...more

Mintz

The Last Remaining FX Defendant Prevails at Trial

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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

Perkins Coie

Three Reasons Companies Need Customized Antitrust Compliance Programs Now

Perkins Coie on

Antitrust compliance programs that are tailored to a company’s culture, line of business, and competitive conditions have long been worth their weight in gold. But as 2022 draws to a close, a looming economic slowdown and an...more

Epstein Becker & Green

Recent Actions Highlight That Price Fixing Reaches Beyond Agreements on the Ultimate Price

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Price-fixing agreements among horizontal competitors raise significant antitrust concerns under Section 1 of the Sherman Act....more

The Volkov Law Group

DOJ Snares Two More Guilty Pleas in Ongoing Criminal Investigation of Commercial Flooring Business

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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

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel - Q1 2022

Since the last edition of the QCC, there has been a series of dramatic developments in the criminal antitrust enforcement space in the U.S. from the Department of Justice’s Antitrust Division (Division)....more

The Volkov Law Group

District Court Upholds Criminal Antitrust Charges for Labor Price-Fixing

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The Antitrust Division won a preliminary skirmish against two co-defendants who challenged the criminal indictment against them charging price-fixing in the labor market. District Court Judge Mazzant, in the Eastern District...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Recent Developments In Criminal Antitrust For Busy Corporate Counsel ‒ Summer 2021

More than halfway through the year, 2021 has shaped up to be another busy time for antitrust enforcers. In July, the Biden administration confirmed that antitrust remains a top priority by issuing a sweeping Executive Order,...more

Jones Day

Second Circuit—Once Again—Overturns on Comity Grounds Multi-Million Dollar Price-Fixing Judgment

Jones Day on

The U.S. Court of Appeals for the Second Circuit recently issued a decision in In re Vitamin C Antitrust Litigation, reversing a $148 million price-fixing judgment against two Chinese exporters of vitamin C, remanding the...more

The Volkov Law Group

Contech Engineered Pleads Guilty and Agrees to Pay $8.5 Million for Bid-Rigging and Fraud

The Volkov Law Group on

The Antitrust Division has pushed bid-rigging and price-fixing prosecutions of government contractors.  It is long overdue – fraud enforcement has uncovered a number of bid-rigging and price-fixing schemes among government...more

The Volkov Law Group

Justice Department’s Antitrust Division Indicts Claxton Poultry Farms in Expanding Criminal Prosecution of Chicken Producing...

The Volkov Law Group on

The Justice Department’s criminal prosecution of the chicken producing industry took another significant turn.  Step-by-step, the Antitrust Division is building a large and comprehensive criminal prosecution of a significant...more

White & Case LLP

Taiwan in the changing global landscape - New US antitrust implications for your supply chain

White & Case LLP on

What Quanta Storage and Qualcomm mean for Taiwan's businesses. Antitrust litigation in the US continues to focus on competitor interactions. Companies that participate in multiple levels of a supply chain must consider how...more

Morgan Lewis

DOJ's Antitrust Division Convicts Seventh Foreign Executive Following Extradition Proceedings

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The latest extradition of a foreign executive highlights ongoing efforts by the US Department of Justice’s Antitrust Division to arrest foreign executives abroad in order to face charges in the United States....more

Hogan Lovells

Antitrust Division ends the year with two trial victories

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Over the last several weeks, the Antitrust Division of the Department of Justice (the Division) obtained two recent trial victories, providing much-needed wins after the October 2018 acquittal of three foreign-exchange...more

ArentFox Schiff

FTC Antitrust Decision Provides A Reminder: Emails and Texts Can and Will Be Used Against You

ArentFox Schiff on

The Federal Trade Commission issued a decision last week illustrating that even sophisticated executives need reminding that emails and texts will be “Exhibit A” of an antitrust violation. After a multi-week trial, an FTC...more

McDermott Will & Emery

The Latest: Hollywood Writers Guild and Talent Agencies Entangled in Labor/Antitrust Lawsuits and Countersuits

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A Hollywood union’s recent amendments to its union rules has sparked federal antitrust lawsuits by talent agencies. The Writers Guild of America (WGA), a labor union and the exclusive collective bargaining representative for...more

Mintz

Antitrust Claims Against Sutter Health Move Forward in Consolidated State Actions

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On March 14, 2019, a California state court denied Sutter Health’s motion for summary judgment on claims of alleged price tampering and combination to monopolize under California’s Cartwright Act, the state’s principal...more

McDermott Will & Emery

Second Circuit Rejects Total Wine Challenge of Connecticut Pricing Laws

Last week, in Connecticut Fine Wine and Spirits LLC v. Seagull, the US Court of Appeals for the Second Circuit affirmed a lower court’s motion to dismiss a lawsuit from Total Wine & More challenging parts of Connecticut’s...more

Mintz

Antitrust Case Against BCBS to Continue Under Per Se Standard

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In a long-running antitrust case, the Eleventh Circuit recently denied defendant Blue Cross Blue Shield’s interlocutory appeal of the district court’s ruling that certain allegedly restrictive practices of defendants must be...more

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