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
Despite back-to-back losses in the Department of Justice’s (DOJ) first-ever criminal no-poach and wage-fixing cases, the Antitrust Division (the Division) is not backing down from its enforcement focus on labor. In...more
Last week, the Federal Trade Commission (FTC) and the National Labor Relations Board (NLRB) announced that the agencies had entered into a new Memorandum of Understanding (MOU). The FTC press release touted the MOU as a big...more
On April 4, 2022, Assistant Attorney General (AAG) Jonathan Kanter delivered remarks at the 2022 Competition Enforcers Summit with the Federal Trade Commission (FTC), announcing changes to the Antitrust Division’s (Division)...more
4/14/2022
/ Antitrust Division ,
Antitrust Violations ,
Criminal Antitrust Anti-Retaliation Act of 2015 ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Leniency Programs ,
Plea Agreements ,
Remediation ,
Restitution ,
Self-Reporting ,
Sherman Act
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
Nationalizing Competitiveness and Noncompete Law: Criminal Antitrust and Federal Efforts to Curtail No-Poach and Noncompete Agreements is part five of BakerHostetler's six-part series, "The Emerging New Era for Noncompetes...more
1/27/2022
/ Antitrust Division ,
Biden Administration ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Employment Litigation ,
Executive Orders ,
Hiring & Firing ,
No-Poaching ,
Non-Compete Agreements ,
Restrictive Covenants ,
Trade Secrets ,
Wage-Fixing
A key statutory provision underlying the Department of Justice Antitrust Division’s leniency program has sunset as of midnight on June 22. ACPERA (Antitrust Criminal Penalty Enhancement and Reform Act) was enacted in 2004 and...more
Last November, the Antitrust Division (Division) of the Department of Justice (DOJ) announced the creation of the Procurement Collusion Strike Force (PCSF) to “deter, detect, and prosecute antitrust crimes and related schemes...more