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DOJ lays out per se theory of liability for price fixing using algorithms

In recent court filings and public comments, the Department of Justice Antitrust Division (“DOJ” or “the Division”) has stated that price fixing using algorithmic software is per se illegal under the antitrust laws. These...more

Avoiding a “Red Card”: 2026 FIFA World Cup focus of new joint competition law enforcement initiative

On September 22, 2023, the United States Department of Justice (“DOJ”), Federal Economic Competition Commission of Mexico (“COFECE”), and Competition Bureau Canada (“CCB”) announced a joint initiative “to deter, detect and...more

DOJ announces policy for self-disclosures on criminal misconduct of acquired companies, with a catch

Deputy Attorney General Lisa Monaco announces a new safe harbor policy for voluntary self-disclosures of acquired entities’ criminal misconduct. Although the new safe harbor provides clear timelines for disclosure, the costs...more

DOJ secures first criminal attempted monopolization conviction in decades

On 31 October 2022 the Department of Justice Antitrust Division (DOJ or the Division) announced that the president of a Montana paving and asphalt contractor pled guilty to one count of violating Section 2 of the Sherman Act...more

Head of DOJ Criminal Antitrust Unit Says that Criminal Monopolization Cases May be on the Horizon

In remarks made during a panel discussion at the ABA’s National Institute on White Collar Crime on 2 March, Antitrust Division Deputy Assistant Attorney General Richard Powers said that the Department of Justice Antitrust...more

Department of Justice suggests that employee non-competes could be criminally prosecuted

On 25 February the U.S. Department of Justice (DOJ) submitted a statement of interest in a Nevada State court lawsuit filed by a group of anesthesiologists alleging that non-compete provisions in their employment agreements...more

DOJ Antitrust Division and FBI to investigate collusion stemming from supply chain disruptions

On 17 February, the Department of Justice (DOJ) Antitrust Division (Antitrust Division)  announced that it is launching a joint initiative with the Federal Bureau of Investigation (FBI) to “deter and prosecute those who would...more

From “no-poach” to non-competes: US antitrust enforcement in labor markets continues to evolve

The Covid-19 pandemic has caused upheaval across labor markets and resulted in what some have termed the “Great Resignation.” In the midst of these challenging labor market conditions, employers should be aware that the U.S....more

Antitrust, Competition, and Economic Regulation Quarterly Newsletter - Autumn 2019

Read the latest news on antitrust, competition and economic regulation (ACER) in this Autumn's edition of our quarterly ACER newsletter. Algorithms in the spotlight of antitrust authorities - Joint study by the...more

The Antitrust Division changes the calculus for cooperating cartelists

Change is here. A few weeks ago, Makan Delrahim – Assistant Attorney General for the Antitrust Division of the U.S. Department of Justice (the Division or DOJ) – signaled a major change in how the Division will assess a...more

Sunset on ACPERA draws the antitrust bar to DOJ's roundtable

The Antitrust Criminal Penalty Enhancement and Reform Act (ACPERA) incentivizes companies to self-report criminal antitrust conduct under the Antitrust Division's (the Division) leniency program by reducing civil liability...more

DOJ hosts roundtable discussion on criminal antitrust compliance

On 9 April 2018 the U.S. Department of Justice Antitrust Division (Antitrust Division or Division) hosted the second of a series of roundtable discussions on antitrust enforcement. ...more

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