News & Analysis as of

Sherman Act Cartels

WilmerHale

The Interplay Key Decisions at the Intersection of Antitrust and Life Sciences - June 2024

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Court Orders Delisting of Patents from Orange Book and Denies Motion to Dismiss Antitrust Counterclaims for Improper Orange Book Listings. On June 10, Judge Stanley Chesler of the District of New Jersey entered judgment on...more

Axinn, Veltrop & Harkrider LLP

Conspiracy Theories Newsletter, 2024 Edition: Eight Predictions for the Future of Cartel Enforcement

2023 was a dramatic year for criminal antitrust enforcement in the United States. The Antitrust Division of the U.S. Department of Justice (“DOJ”) garnered big wins: three convictions at trial,1 $267 million in criminal fines...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: What to Watch in 2024

The year 2023 ended with a bang in the cartel space, with a federal court of appeals upending what was long believed to be the scope of conduct that should be considered per se under the Sherman Act. The new year, 2024,...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel ‒ 3rd Quarter 2023

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The third quarter of 2023 was eventful for both domestic and international cartel enforcers. In the United States, the Department of Justice (DOJ) continues to revamp policies to sharpen its enforcement efforts. On...more

Morrison & Foerster LLP

Sights and Sounds from the Antitrust Section’s 2023 Spring Meeting

Antitrust practitioners from around the world gathered in Washington, D.C. the week of March 27, 2023, for a series of industry meetings, centered around the American Bar Association Antitrust Law Section’s 71st Annual Spring...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

McDermott Will & Emery

Cartel Corner - August 2022 (Labor Markets)

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The DOJ continues its efforts to create a novel area of potential criminal liability for labor market investigations. Historically, government enforcement of alleged anticompetitive labor market practices occurred in the...more

McDermott Will & Emery

DOJ Antitrust Division Signals Impending Criminal Monopolization Cases

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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

The Volkov Law Group

CCOs and Criminal Cartel Compliance Programs (Part II of III)

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Chief compliance officers have plenty of things to do and risks to manage.  CCOs have a unique remit and a set of skills that should be applied whenever needed.  While I am not trying to increase CCO workload (and forgive me...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel – Q4 2021

The end of 2021 continued to be a busy time for antitrust enforcers in the U.S. and around the world. Perhaps most notably, in November the Senate confirmed Jonathan Kanter to lead the U.S. Department of Justice’s Antitrust...more

Vinson & Elkins LLP

Winter 2021-2022 Antitrust Cartel Primer

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This Cartel primer, full document linked below, brings together our knowledge of cartel cases and distills it in an easily digestible and practical format. It discusses challenges targets face in responding to cartel...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

Skadden, Arps, Slate, Meagher & Flom LLP

"DOJ Updates Leniency Program FAQs"

The Department of Justice (DOJ or Department) released updated guidance on the Antitrust Division’s Leniency Program, on January 17, 2017. The Leniency Program allows corporations and individuals who self-report their cartel...more

Morgan Lewis

2016 Global Cartel Enforcement Report

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Authorities launched new criminal probes, obtained guilty pleas from companies and executives and imposed hefty fines as aggressive enforcement continued. Several significant developments occurred in cartel enforcement...more

Proskauer - Minding Your Business

New York Rejects Antitrust Defense To Breach Of Distribution Contract

Your client is sued for failure to pay on a contract and says it shouldn’t have to pay because the prices were fixed by a cartel or that it was strong-armed into paying for a “bundle” of services or distribution channels even...more

Mintz

Second Circuit: “C” is for Comity; Price Fixing Judgement Against Chinese Vitamin C Sellers Reversed

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Last week, in In re Vitamin C Antitrust Litigation, the US Court of Appeals for the Second Circuit (“Second Circuit”) vacated a $147 million jury award against Chinese vitamin C sellers Hebei Welcome Pharmaceutical Co. and...more

Morgan Lewis

2016 Mid-Year Global Cartel Enforcement Report

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Cartel enforcement activity promises to remain busy In the coming months and into 2017 Cartel enforcement remains a priority for competition authorities around the world. Global cartel fines totaled more than $6...more

Foley & Lardner LLP

Enforcement Provides Important Update for Auto Industry

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For the last several years, the global auto industry has been rocked by unprecedented investigations and prosecution. Numerous international cartels, involving scores of companies and individuals, have engaged in...more

Foley & Lardner LLP

Clarity Put on Hold as FTAIA Conflict/Confusion Continues

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The Foreign Trade Antitrust Improvements Act (FTAIA) was enacted in 1982 to help achieve clarity in the application of U.S antitrust laws to international trade. More than 30 years since that effort, the FTAIA has not...more

Patterson Belknap Webb & Tyler LLP

In re Capacitors Antitrust Class Action Litigation Survives Motion to Dismiss

Direct and indirect capacitor purchasers who filed class action complaints against an alleged worldwide cartel of capacitor manufacturers have, for the most part, survived a motion to dismiss in the Northern District of...more

Patterson Belknap Webb & Tyler LLP

Six-Month DOJ Criminal Cartel Summary, Part I: Auto Parts

Today we bring you the first part of our second biennial update on DOJ criminal actions in the cartel area. This has been a busy six months for the Antitrust Division, so we are breaking this update up into installments. ...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Antitrust and Competition Newsletter (Global) - February 2015

DOJ’s Approval of Revisions to IEEE’s Standard-Setting Policies Provides Guidance for SSOs, Patent Holders, Licensees and Courts - On Feb. 2, 2015, the U.S. Department of Justice issued a business review letter that...more

Troutman Pepper

Seventh Circuit Limits Antitrust Actions for Harm Caused to Foreign Affiliates of U.S. Companies

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The Foreign Trade Antitrust Improvements Act (FTAIA), 15 U.S.C. § 6a, was enacted to provide greater clarity on the Sherman Antitrust Act’s reach. However, the FTAIA continues to muddy the waters. In a recent decision from...more

Foley & Lardner LLP

International Cartel Sales to Global Supply Chains Raise U.S. Antitrust Issues

Foley & Lardner LLP on

In a widely awaited opinion, the Seventh U.S. Circuit Court of Appeals in Chicago has issued an opinion which affects the scope of government enforcement actions and which purchasers may pursue private civil treble damage...more

Patterson Belknap Webb & Tyler LLP

DOJ Criminal Cartel Enforcement: Six-Month Summary

This is the first in what we expect to be a series of updates on DOJ criminal actions in the cartel area. Here, we look at highlights over the last six months in the DOJ’s investigations of the auto parts industry, LIBOR, and...more

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