An important federal appeals court has clarified a key principle of antitrust law in a way that potentially makes it more difficult for an employer to win a motion to dismiss, and thereby avoid expensive discovery, with...more
On April 28, 2023, U.S. District Judge Victor A. Bolden issued the latest blow to the Department of Justice’s (“DOJ”) efforts to criminally prosecute individuals who engage in “no-poach” agreements by granting the defendants’...more
Sharing competitively sensitive information can carry antitrust risks in certain situations. Recently, the Antitrust Division of the U.S. Department of Justice indicated that it will take an increased interest in challenging...more
2/24/2023
/ Algorithms ,
Antitrust Provisions ,
Artificial Intelligence ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Department of Transportation (DOT) ,
Healthcare ,
Information Sharing ,
Machine Learning ,
OIG ,
Sherman Act ,
The Clayton Act
Just days after securing its first Section 2 conviction in over 40 years in United States v. Zito on October 31, 2022,1 the U.S. Department of Justice (“DOJ”) again wielded its once-neglected ability to criminally enforce...more
On October 31, 2022, the U.S. Department of Justice Antitrust Division (“DOJ”) announced that the president of a Montana paving and asphalt contractor, Nathan Nephi Zito, had pleaded guilty to one count of attempting to...more
In the span of 24 hours, two closely-watched federal jury trials both ended in defeat last week for the Department of Justice, Antitrust Division (“the Division”). The trials were considered bellwethers in gauging how the...more
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
12/8/2021
/ Anti-Competitive ,
Antitrust Division ,
Burden of Proof ,
Cartels ,
Civil Investigation Demand ,
Compelled Testimony ,
Criminal Penalties ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Discovery ,
Federal Trade Commission (FTC) ,
Grand Juries ,
Injunctive Relief ,
Investigations ,
Monopolization ,
Raids ,
Sherman Act ,
The Clayton Act ,
Whistleblowers
As has been well-publicized, on July 9, 2021, President Biden issued an “Executive Order on Promoting Competition in the American Economy” (the “EO” or “Order”).1 As the preamble articulates, the EO’s focus is to “promote the...more
7/19/2021
/ Antitrust Division ,
Competition ,
Department of Justice (DOJ) ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Joe Biden ,
Non-Compete Agreements ,
Popular ,
Procurement Collusion Strike Force ,
Railroads ,
Sherman Act ,
Surface Transportation Board
On June 25, 2021, the Department of Justice’s Antitrust Division (the “Division”) announced the first criminal antitrust prosecution and “international resolution obtained by the Procurement Collusion Strike Force (PCSF).”...more
Exactly one year ago, the Antitrust Division of the Department of Justice (“DOJ”) unveiled its Procurement Collusion Strike Force – an interagency partnership created to target collusion in public procurement and government...more