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DOJ Remains Committed to Aggressive Antitrust Enforcement Against Employers and Their Employees Even in the Wake of Recent Trial...

The Department of Justice Antitrust Division (DOJ) recently suffered significant losses in two criminal trials involving alleged criminal wage-fixing and related “no-poach” agreements by and between competitors. These were...more

DOJ and FBI Prioritize Antitrust Investigations of Price-Fixing and Collusive Schemes Stemming From Supply Chain Disruptions

With consumer prices increasing across the economy, the U.S. Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI) announced on February 17, 2022, a new joint initiative designed to identify and prosecute...more

Second Circuit Overturns FTC Ruling That Trademark Agreements Violated Section 5

At a time when antitrust enforcers, federal legislators and courts are heavily focused on technology platforms and digital advertisers like Google and Facebook, on June 11, 2021, the Second Circuit vacated an administrative...more

DOJ Antitrust Division Secures $8.5 Million in Bid-Rigging Penalties From Engineering Firm on Highway Water Projects

The U.S. Department of Justice’s Procurement Collusion Strike Force has struck again. Launched in November 2019, PCSF is a multi-agency task force led by DOJ’s Antitrust Division and designed to combat antitrust crimes...more

Antitrust Division Signals Increased Enforcement in Agricultural Sector, Requiring Divestitures in Grain Elevator Transaction to...

While campaigning in 2020, President Biden broadcast his concern about increased market concentration in American agribusiness. To address perceived “monopolistic markets,” he promised to “protect small and medium-sized...more

New Antitrust Whistleblower Statute May Enhance Criminal Enforcement Efforts

Former President Trump signed into law the Criminal Antitrust Anti-Retaliation Act of 2019 on December 23, 2020. The law prohibits employers from retaliating against employees who provide information to a superior, to a...more

Self-Reporting Criminal Antitrust Violations Can Be in a Company’s and its Employees’ Best Interests

The Antitrust Criminal Penalty Enhancement and Reform Act (ACPERA), which provides additional benefits to the Leniency Program within the Department of Justice (DOJ), was reauthorized by President Trump on October 1, 2020....more

Department Of Justice Defends Compliance Program While Hiring Additional Prosecutors

Recent developments show that, while the Department of Justice (DOJ) is willing to offer incentives for cooperation with criminal antitrust investigations, it also is increasing the resources to root out and uncover...more

DOJ to Reward Good Behavior With Change to Compliance Policy

In a sweeping policy change announced this past week, the Department of Justice Antitrust Division announced it will consider corporate compliance at the charging stage in criminal antitrust investigations. This is the first...more

Future of Antitrust Class Actions Foreshadowed in Apple Inc. v. Pepper

On May 13, 2019, the Supreme Court issued its most recent decision relating to antitrust class action litigation. The case, Apple Inc. v. Pepper, No. 17-204, could represent a significant shift in antitrust class action...more

In Effort to Increase Employees’ Bargaining Power, U.S. Senators Petition Federal Antitrust Agencies to Revisit Benchmarking...

On June 28, 2018, U.S. Senators Elizabeth Warren and Cory Booker sent a letter to the heads of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) requesting those agencies to revisit their guidance on...more

Even Minority Interest in a Competitor Could Violate Antitrust Laws

Companies and shareholders contemplating mergers or acquisitions must consider all potential anticompetitive implications of a deal, including the competitive effects of minority shareholder interests. The Federal Trade...more

Corporate Agreements Not to Recruit Employees From Competitors Could Lead to Criminal Actions, Per DOJ Antitrust Chief

In a speech on January 19, the Department of Justice Antitrust Division’s chief antitrust enforcer, Makan Delrahim, said the Division is investigating and plans to pursue criminal actions against employers who have agreed not...more

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