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Antitrust Division Antitrust Violations Criminal Prosecution

The Volkov Law Group

Antitrust Division Indicts Company, Executive and Employee for $100 Million Price-Fixing Conspiracy

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DOJ’s Antitrust Division has been relatively quiet in prosecuting criminal cartel or bid-rigging cases.  Since 2015, the Antitrust Division’s criminal enforcement has fallen from the billions in penalties each year to the...more

BakerHostetler

DOJ Still Contemplating Criminal No-Poach Cases

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Last year, we reported on the Department of Justice’s (DOJ) decision to dismiss its only remaining criminal no-poach case and regroup. We advised that the DOJ was unlikely to abandon criminal no-poach cases entirely and would...more

Manatt, Phelps & Phillips, LLP

U.S. DOJ Antitrust Division Uses Wiretaps to Detect and Prosecute Procurement Collusion

The U.S. Department of Justice’s (DOJ) Procurement Collusion Strike Force (PCSF) has struck again, this time with the help of a Title III wiretap. ...more

Troutman Pepper

California DOJ to Ramp Up Criminal Antitrust Enforcement

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On March 6, the California Department of Justice’s (California DOJ) Antitrust Chief Paula Blizzard, announced at the American Bar Association’s National Institute on White Collar Crime that her office is planning to...more

Axinn, Veltrop & Harkrider LLP

Conspiracy Theories Newsletter, 2024 Edition: Eight Predictions for the Future of Cartel Enforcement

2023 was a dramatic year for criminal antitrust enforcement in the United States. The Antitrust Division of the U.S. Department of Justice (“DOJ”) garnered big wins: three convictions at trial,1 $267 million in criminal fines...more

Manatt, Phelps & Phillips, LLP

Federal Antitrust Enforcement in Health Care: 2023 Year in Review–Part 3

In 2023, the DOJ continued its aggressive criminal antitrust enforcement agenda in health care, with mixed results in labor markets. In speeches, the DOJ asserted that its commitment to labor market cases has not diminished,...more

Vedder Price

An Uncertain Future for DOJ’s No-Poach Prosecutions

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On November 13, 2023, the DOJ Antitrust Division moved to dismiss its last remaining no-poach indictment. In 2021, a Texas grand jury indicted Surgical Care Affiliates (“SCA”) and a related company for conspiring with...more

Ballard Spahr LLP

DOJ Gives Up on Its Sole Remaining Criminal No-Poach Prosecution

Ballard Spahr LLP on

Summary - Following a string of unsuccessful prosecutions in the labor space, the DOJ Antitrust Division moved this week to dismiss its last indicted criminal no-poach case, which had been pending against Surgical Care...more

The Volkov Law Group

DOJ Settles Criminal Antitrust Charges with Teva and Glenmark for $305 Million

The Volkov Law Group on

The Antitrust Division has been active – like any aggressive prosecution strategy, however, its results have been mixed.  Its record in criminal cases has taken serious hits – a stunning set of losses in the chicken...more

Sheppard Mullin Richter & Hampton LLP

Government Contracting Companies Beware: DOJ’s Procurement Collusion Strike Force is Global, Growing, and Going Strong

It has been another busy year for the Department of Justice’s Procurement Collusion Strike Force (PCSF). Formed in 2019, the Department of Justice created the PCSF, a joint law enforcement effort to combat antitrust crimes...more

Manatt, Phelps & Phillips, LLP

DOJ’s Losing Record on No-Poach, Wage-Fixing Continues

After launching an initiative to combat no-poaching and wage-fixing agreements, the Department of Justice (DOJ) has racked up zero victories in its criminal prosecutions to date, including a recent loss in Connecticut....more

Jenner & Block

DOJ Continues to Prioritize No-Poach Cases

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In recent years, the U.S. Department of Justice has tried three criminal no-poach cases to a jury, and in all three the defendants were acquitted. But expect the crackdown on the use of allegedly illegal no-poach agreements...more

The Volkov Law Group

DOJ Suffers Rule 29 Dismissal of Criminal Antirust No-Poach Case in Aerospace Industry

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The Department of Justice’s Antitrust Division has suffered setbacks in its precedent-setting criminal prosecution of no-poach agreements in labor markets.  The latest and perhaps most surprising defeat occurred when the...more

Jones Day

DOJ Loses Fourth Consecutive Criminal Antitrust Prosecution in Labor Markets

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A Connecticut district court acquitted six defendants of criminal antitrust violations arising out of alleged employee no-poach agreements, marking the first dismissal of a U.S. Department of Justice, Antitrust Division's...more

McGuireWoods LLP

Trial Court Rejects DOJ Antitrust Division’s No-Poach Legal Theory and Acquits Defendants

McGuireWoods LLP on

On April 28, 2023, the Department of Justice Antitrust Division suffered another setback to its expanded criminal prosecution of no-poach agreements. The trial court in United States v. Patel, et al., granted a motion to...more

WilmerHale

ABA Spring Meeting Sessions Key Highlights From US Antitrust Enforcers' Statements (March 29–31, 2023)

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Below are key highlights from statements by US antitrust enforcers at the ABA Antitrust Section’s Spring Meeting held from March 29-31 in Washington DC....more

Holland & Knight LLP

DOJ Losses in No-Poach Prosecutions Mount, But Antitrust Caution Still Warranted

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The Antitrust Division of the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) have in recent years prioritized in their antitrust enforcement activities protecting workers from alleged anticompetitive...more

Axinn, Veltrop & Harkrider LLP

Shift In Health Care Antitrust Prosecutions Is Likely

In December 2022, the Antitrust Division of the U.S. Department of Justice and the U.S. Department of Health and Human Services' Office of the Inspector General announced a memorandum of understanding memorializing their...more

Womble Bond Dickinson

DOJ Strike Force Nabs Another Government Contractor

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On January 17, the Antitrust Division of the Department of Justice announced that it had obtained another in a recent string of guilty pleas as a result of investigations into government contracting by the Procurement...more

Williams Mullen

What’s Next for Health Care Antitrust in 2023?

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In 2021, President Biden issued an Executive Order directing antitrust enforcers to make sure that health care would be an area of emphasis for antitrust enforcement, and in 2022 they did. Federal regulators brought several...more

Dorsey & Whitney LLP

After Nearly Fifty Years of Dormancy, Criminal Monopolization Charges Have Returned

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​​​​​​​For nearly 50 years, the Antitrust Division of the United States Department of Justice (DOJ) has brought federal criminal charges only for allegations of illegal coordinated behavior among competitors in violation of...more

Troutman Pepper

DOJ Evolves Its Strategy of Increased Criminalization of Employment Restrictions Under Antitrust Laws

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The Biden administration’s Department of Justice (DOJ) Antitrust Division recently secured its first criminal conviction for a labor-side violation of Section 1 of the Sherman Act after VDA OC LLC (VDA) entered a guilty plea....more

Troutman Pepper

DOJ Making Good on Section 2 Monopolization Enforcement Promises With Latest Criminal Indictment

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On Tuesday, December 6, the U.S. Department of Justice (DOJ), Antitrust Division, announced the unsealing of criminal charges against 12 individuals in the Southern District of Texas as part of an 11-year price fixing and...more

A&O Shearman

Antitrust in focus - November 2022

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This newsletter is a summary of the antitrust developments we think are most interesting to your business. Andrew Fincham, counsel based in London, is our editor this month (learn more about Andrew in our Q&A feature at the...more

Cooley LLP

DOJ Secures First Criminal Conviction, Labor Agreement Scrutiny Increases Internationally

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The Department of Justice (DOJ) Antitrust Division secured its first win in a criminal enforcement of labor market antitrust violations on October 27, 2022, when nurse staffing company VDA OC pleaded guilty to violating...more

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