2024 saw a continued trend of heightened dawn raid activity by antitrust authorities across the globe. Of the 31 jurisdictions surveyed, 24 (77%) confirmed that the regulator had carried out dawn raids during the course of...more
On Nov. 12, the U.S. Supreme Court declined certiorari for the U.S. v. Brewbaker decision in the U.S. Court of Appeals for the Fourth Circuit, leaving undisturbed the ruling that heightens the burden on antitrust prosecutors...more
A flurry of federal prosecutorial activity in late 2024, as well as a statement from several institutional stakeholders in a key federal initiative to combat procurement fraud, provided a valuable reminder for government...more
On September 30, 2024, the DOJ announced that Siemens Energy, Inc., pleaded guilty to a federal fraud charge and agreed to pay a $104 million fine for rigging a bid by using rivals’ bidding information wrongfully obtained...more
Despite the summer doldrums, cartel enforcers around the world had several notable enforcement actions and, perhaps more importantly, signaled a busy fall and winter. In the United States, the Department of Justice’s...more
A three-judge panel from the US Court of Appeals for the Fourth Circuit overturned an executive’s bid-rigging antitrust conviction, holding that the district court erred in applying the per se standard to the executive’s...more
The U.S. Department of Justice Antitrust Division ("DOJ") recently resolved a criminal case with Teva Pharmaceuticals and Glenmark Pharmaceuticals via deferred prosecution agreements ("DPAs"), which include a novel remedy for...more
Companies face a difficult choice between taking heed of growing anti-ESG voices while continuing to meet investor and shareholder demands. For several years, companies have come under intense pressure from their boards,...more
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
The Justice Department’s Antitrust Division has had a rough year in the criminal arena. While the Antitrust Division has aggressively blocked several proposed mergers, it has lost several significant criminal cases. ...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
Adverse economic or social conditions have not historically tended to affect the general application and enforcement of antitrust rules. This remains the overall position in the circumstances of Covid-19, with many antitrust...more
As organizations are working to respond to the 2019 novel coronavirus (known as “COVID-19”), the U.S. Department of Justice (“DOJ”) issued a reminder that emergency efforts do not negate the requirement to adhere to the...more
Over the last several weeks, the Antitrust Division of the Department of Justice (the Division) obtained two recent trial victories, providing much-needed wins after the October 2018 acquittal of three foreign-exchange...more