News & Analysis as of

Collusion

Axinn, Veltrop & Harkrider LLP

Confidential Witnesses & AI, Oh My!

When private suits alleging collusion hit, I search the complaint for “confidential witness.” It used to be that private suits followed criminal resolutions. Today, however, the opposite seems true: public allegations in...more

Sheppard Mullin Richter & Hampton LLP

Aggressive Procurement Collusion Enforcement Risk Remains High for 2024

In 2019, the Department of Justice created the Procurement Collusion Strike Force (PCSF or Strike Force), a joint law enforcement effort to combat antitrust crimes and related fraudulent schemes that impact government...more

Mintz - Antitrust Viewpoints

Senators Propose Clarification of Antitrust Law to Expressly Cover Algorithmic Collusion — AI: The Washington Report

1. Following up on a December 2023 hearing on algorithmic price-fixing and self-preferencing, Chair of the Senate Judiciary Subcommittee on Competition Policy, Antitrust, and Consumer Rights Amy Klobuchar (D-MN) introduced a...more

Vinson & Elkins LLP

2023 Chemicals & Energy Antitrust Report

Vinson & Elkins LLP on

For companies in the energy and chemical sectors, the potential for antitrust scrutiny is an ever-present concern. The next round of enforcement inquiries is never further away than the next jump in commodity prices or the...more

Bracewell LLP

Expert Determination in the Energy Sector – When Will the Courts Intervene?

Bracewell LLP on

It is not uncommon for parties to agree that certain disputes should be referred to an expert for determination. However, when those disputes arise, the parties may disagree about the scope of the exercise to be carried out...more

Troutman Pepper

AG Ferguson Pushes for Increased Antitrust Penalties

Troutman Pepper on

Washington Attorney General (AG) Bob Ferguson announced that he has proposed legislation — H.B. 2072/S.B. 5994 — to enhance the state’s maximum penalty for antitrust violations like price fixing and collusion....more

Proskauer - Minding Your Business

Alarm Bells Ringing? The Agencies Begin to Raise Competition Concerns Over Generative AI

With great promise comes great scrutiny. As artificial intelligence (“AI”) has become part of industries’ and individuals’ daily repertoire, it has also come under focus by antitrust regulators. The DOJ, in its so-called...more

Hogan Lovells

Where development, global crises, and whistleblowing converge - A look into the World Bank’s 2023 Sanction System’s Report

Hogan Lovells on

You get a hotline report that a project coordinator in an emerging market that you recently entered was awarded their contract based on a falsified experience. You begin investigation Desktop review and remote interviews...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel ‒ 3rd Quarter 2023

Morrison & Foerster LLP on

The third quarter of 2023 was eventful for both domestic and international cartel enforcers. In the United States, the Department of Justice (DOJ) continues to revamp policies to sharpen its enforcement efforts. On...more

Foley & Lardner LLP

What Every Multinational Company Should Know About . . . The Foreign Trade Antitrust Improvements Act

Foley & Lardner LLP on

The United States Department of Justice (DOJ) actively enforces the Sherman Act within the U.S. and internationally. Generally described, the Sherman Act is a powerful statutory scheme designed to prohibit anti-competitive...more

Fisher Phillips

Back-to-School Homework for School Leaders: A 6-Step Guide to Refreshing Your Employee and Student Policies

Fisher Phillips on

As you prepare for the coming academic year, you’ll need to consider key developments that took place over the last year as you plan your approach this fall. Indeed, legal changes, current events, shifting priorities, and...more

Vinson & Elkins LLP

AI Antitrust Issues Checklist

Vinson & Elkins LLP on

This checklist outlines antitrust considerations for the use of artificial intelligence (“AI”) technology. Practices involving AI that could give rise to antitrust risk include algorithmic collusion, exclusionary practices...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel ‒ 2nd Quarter 2023

At this mid-point of 2023, and now several months on from the ABA’s Spring Antitrust conference, there have been several notable developments concerning cartel enforcement, as new leadership settles in at the U.S. Department...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

Guidepost Solutions LLC

[Webinar] The World Bank Group and Other Multilateral Development Bank Investigations in the Post Covid Pandemic Era - June 7th,...

As the Covid pandemic appears to be subsiding worldwide, the World Bank Group and its affiliated multilateral development banks may be ramping up their investigations of sanctionable practices including corruption, fraud, and...more

Robinson+Cole Data Privacy + Security Insider

AI and Antitrust: When Does an Algorithm Become an Agreement? Part II

In Topkins, discussed in Part I, the defendants had already entered their unlawful agreement—algorithms were a tool to implement the agreement. The more vexing question facing antitrust enforcers is the issue of tacit...more

McCarter & English Blog: Government Contracts...

No Harm, No Fraud: The Supreme Court Narrows the Application of the Wire Fraud Statute and Unanimously Overrules the “Right to...

Most experienced contractors have a healthy fear of the various types of fraud claims: False Claims Act, federal and state wire and mail fraud, common law fraud, etc. They know that enforcement authorities are always looking...more

Foley & Lardner LLP

Collusion & Competition: What Antitrust Means for AI in Health Care

Foley & Lardner LLP on

Health care companies are increasingly using artificial intelligence (AI) to create innovations, set prices, and compete with rivals. At the same time, federal and state antitrust enforcers are finding new ways to apply...more

Morrison & Foerster LLP

Sights and Sounds from the Antitrust Section’s 2023 Spring Meeting

Antitrust practitioners from around the world gathered in Washington, D.C. the week of March 27, 2023, for a series of industry meetings, centered around the American Bar Association Antitrust Law Section’s 71st Annual Spring...more

Sheppard Mullin Richter & Hampton LLP

DOJ Loses Third Consecutive Antitrust Labor Trial

The Department of Justice (DOJ) lost its third jury trial in its mission to secure criminal convictions against companies and executives accused of labor-side antitrust violations on March 22, 2023, when a jury in Maine...more

Hogan Lovells

World Bank investigations spike and highlight integrity risks in private sector development finance

Hogan Lovells on

Ignoring integrity risks in emerging markets when receiving financing from the World Bank Group (WBG) is about to become much riskier, as the WBG Sanctions System Annual Report for Fiscal Year 2022 (FY22) indicates. The...more

Fisher Phillips

Top 10 Workplace Law Updates from November 2022

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Davies Ward Phillips & Vineberg LLP

Canadian Government Consults on Far-Reaching Changes to Canada’s Competition Law

Canada’s federal Minister of Innovation, Science and Industry formally announced on November 17, 2022 that the federal government is launching a comprehensive review of the Competition Act (Act) and Canadian competition...more

Fisher Phillips

MLB’s Collusion Investigation of Aaron Judge Free Agency Can Teach Antitrust Lessons to Employers

Fisher Phillips on

Major League Baseball recently announced that it will investigate possible collusion between the New York Mets and Yankees involving prized free agent Aaron Judge – a situation that can teach employers of all types some...more

Perkins Coie

Three Reasons Companies Need Customized Antitrust Compliance Programs Now

Perkins Coie on

Antitrust compliance programs that are tailored to a company’s culture, line of business, and competitive conditions have long been worth their weight in gold. But as 2022 draws to a close, a looming economic slowdown and an...more

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