On April 4, 2022, the U.S. Department of Justice Antitrust Division (the “Division”) announced noteworthy updates to its Corporate Leniency Program as well as its frequently asked questions (“FAQs”) that explain the Program,...more
In the latest sign of the Biden administration’s aggressive antitrust enforcement agenda, on March 2, 2022, while speaking on a panel at the ABA White Collar Crime Conference in San Francisco, Deputy Assistant Attorney...more
Morrison & Foerster’s Automotive Task Force represents automotive industry clients in their most significant legal matters.
We have tapped our multidisciplinary Automotive Task Force to get their opinions on what is likely...more
2/23/2022
/ Anti-Bribery ,
Antitrust Division ,
Automotive Industry ,
Corruption ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
Export Controls ,
Foreign Corrupt Practices Act (FCPA) ,
Initial Public Offering (IPO) ,
International Trade Commission (ITC) ,
Popular ,
Sanctions ,
Securities and Exchange Commission (SEC) ,
Special Purpose Acquisition Companies (SPACs)
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
1/26/2022
/ Antitrust Division ,
Bid Rigging ,
Bids ,
Cartels ,
Collusion ,
Construction Contracts ,
Corporate Counsel ,
Criminal Prosecution ,
Dawn Raids ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Mistrial ,
Ocean Transportation System ,
Price-Fixing ,
Sherman Act ,
Supply Chain ,
Trading Plans ,
Tyson Foods ,
Wage-Fixing
On January 24, 2022, the Federal Trade Commission (FTC) published new, higher notification thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”). The HSR Act requires the FTC to adjust the...more
On January 18, 2022, the U.S. Federal Trade Commission (“FTC”) and the Department of Justice Antitrust Division (“DOJ”) held a joint press conference to announce the launch of a broad‑ranging public inquiry aimed at...more
“If adopted and implemented by the agencies, the measures [in Biden’s executive order] would amount to the toughest antitrust enforcement that we’ve seen in the U.S. in decades.”
The award-winning women partners of...more
On October 25, 2021, the Federal Trade Commission (FTC or Commission) adopted a new policy requiring merging parties that enter into settlements to resolve competition concerns to give the FTC veto power over future deals in...more
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
9/16/2021
/ Antitrust Division ,
Antitrust Violations ,
Bid Rigging ,
Cartels ,
Competition ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Executive Orders ,
FBI ,
Joe Biden ,
Price-Fixing ,
Procurement Collusion Strike Force ,
Sherman Act ,
Wage-Fixing
On July 9, 2021, President Biden signed a sweeping executive order (EO) creating a “whole-of-government competition policy” that directs more than a dozen federal agencies to work in concert with the Department of Justice...more
On June 6, 2021, the U.S. Senate passed the Merger Filing Fee Modernization Act of 2021. Co-sponsored by Senators Amy Klobuchar (D-MN) and Chuck Grassley (R-IA), the bill would increase filing fees for certain large...more
In a unanimous decision reversing the Ninth Circuit, the Supreme Court in AMG Capital v. FTC ended a federal circuit split and squarely held that the FTC lacks authority to pursue equitable monetary relief in federal court...more
A new year, a new administration in the United States, and new cartel enforcement leadership in the United Kingdom have begun. In the United States, first-of-their-kind criminal charges have been brought involving labor and...more
3/2/2021
/ ACPERA ,
Anti-Competitive ,
Antitrust Division ,
Antitrust Violations ,
Bid Rigging ,
Bipartisan Agreement ,
Cartels ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Criminal Antitrust Anti-Retaliation Act of 2015 ,
Criminal Antitrust Litigation ,
Cross-Border Transactions ,
Department of Justice (DOJ) ,
European Commission ,
European Economic Area (EEA) ,
Fraud ,
Memorandum of Understanding ,
National Security ,
Online Gaming ,
Plea Agreements ,
Price-Fixing ,
Procurement Collusion Strike Force ,
Retaliation ,
Secretary of Labor ,
Serious Fraud Office (SFO) ,
State Attorneys General ,
Trump Administration ,
UK ,
UK Competition and Markets Authority (CMA)
On February 4, 2021, the Federal Trade Commission (FTC) announced the temporary suspension of grants of early termination of the 30-day waiting period under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act)....more
On February 2, 2021, the Federal Trade Commission (FTC), the agency charged with administering premerger notification requirements under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”), announced...more
The Antitrust Division of the Department of Justice (“DOJ”) recently announced its first-ever criminal wage-fixing prosecution. The DOJ likely intends this case to be a wake-up call to companies, executives, and HR...more
Despite the ongoing coronavirus (COVID-19) pandemic, the work of antitrust enforcers has continued largely uninterrupted in the second half of 2020. The Department of Justice Antitrust Division (the “Division”) has announced...more
11/3/2020
/ Bid Rigging ,
Confidential Information ,
Criminal Antitrust Litigation ,
Cross-Border ,
Department of Justice (DOJ) ,
DPA ,
FBI ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Market Allocation Scheme ,
Price-Fixing
The following is an excerpt from “Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel ? 2nd Quarter 2020.”
Division Continues Increased Focus on Procurement Collusion, Presents...more
Throughout the first half of 2020, much of the world has grappled with the reality of the coronavirus (COVID-19) pandemic, as the outbreak spread rapidly across entire countries and shut down large segments of the global...more
7/7/2020
/ ACPERA ,
Antitrust Provisions ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
DPA ,
Pharmaceutical Industry ,
Price-Fixing ,
Remote Working ,
UK ,
UK Competition and Markets Authority (CMA) ,
Whistleblower Protection Policies
As much of the U.S. battles COVID-19 by self-quarantining, others fight on the front lines by providing healthcare services, maintaining supply chains, and keeping America safe and fed. On April 13, the Department of Justice,...more
As the coronavirus (COVID-19) outbreak continues to unfold, antitrust enforcement agencies worldwide continue to adapt their policies and enforcement, balancing the need to be more permissive about corporations collaborating...more
As the coronavirus disease (COVID-19) outbreak continues to unfold, entire governments, economies, businesses, and countries are being adversely affected. The World Health Organization reports that there are “still many...more
In response to COVID-19, collaboration and cooperation among competitors in various forms may be beneficial to society. While businesses must remember that antitrust and competition laws continue to apply and take care to...more
On February 11, 2020, the Department of Justice (DOJ) submitted its budget request to Congress for fiscal year 2021, which includes a 13% increase in funding for the Antitrust Division. Overall, the Division is requesting a...more
On February 11, the Federal Trade Commission (FTC) announced that it issued Special Orders to five large technology companies requiring them to submit information related to their acquisitions during the past decade that were...more