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Competition Bid Rigging

Axinn, Veltrop & Harkrider LLP

Recognizing Risk: When Pursuing A Competitive Edge Creates Exposure to Trade Secret Claims

A well-known idiom - widely credited to Ben Franklin in the 1700s - is that an ounce of prevention is worth a pound of cure. Yet, few companies actively train their personnel to recognize the risk of a trade secret...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: What to Watch in 2024

The year 2023 ended with a bang in the cartel space, with a federal court of appeals upending what was long believed to be the scope of conduct that should be considered per se under the Sherman Act. The new year, 2024,...more

McDermott Will & Emery

Fourth Circuit Holds Per-Se Rule Does Not Apply in Bid-Rigging Case

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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

Vinson & Elkins LLP

Antitrust Issues in Renewable Energy - November 2023

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Participants in the renewable energy industry should be aware of antitrust and competition rules because renewable energy is no longer a nascent field. Europe generated almost 40% of its electricity from renewable sources in...more

Jones Day

DOJ Obtains First Divestitures in a Criminal Antitrust Case

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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

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

Vinson & Elkins LLP

Balancing ESG Initiatives and Antitrust Risk

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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

A&O Shearman

Antitrust in focus - February 2023

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This newsletter is a summary of the antitrust developments we think are most interesting to your business. Vivian Cao, partner at Allen & Overy Lang Yue, is our editor this month....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

Blake, Cassels & Graydon LLP

Blakes Competitive Edge™: October 2022 Update

Welcome to the October issue of Blakes Competitive Edge, a monthly publication of the Blakes Competition, Antitrust & Foreign Investment group. Blakes Competitive Edge provides an overview of recent developments in Canadian...more

The Volkov Law Group

DOJ Snares Two More Guilty Pleas in Ongoing Criminal Investigation of Commercial Flooring Business

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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

Bass, Berry & Sims PLC

PCSF Strikes Again: Scheme to Rig Bids Results in Federal Grand Jury Indictment

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Last month, the Department of Justice (DOJ) announced that a Florida grand jury indicted three men for conspiring to rig bids for customized promotional products to the U.S. Army and charged two of them with conspiring to...more

McDermott Will & Emery

Kanter Signals DOJ to Follow FTC Lockstep, Calls for Substantial Change to Competition Enforcement Approach

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In remarks delivered on January 18, 2022, and January 24, 2022, Jonathan Kanter, the Assistant Attorney General (AAG) for the US Department of Justice (DOJ) Antitrust Division, laid out the areas where he perceives...more

McDermott Will & Emery

Changes To The Legislative Landscape Of Belgian Competition Law

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Introduction of filing fees in concentration notifications and transposition of the ECN+ Directive into Belgian law - On March 7, 2022, changes to both the Belgian Code of Economic Law (CEL) as well as the Belgian Criminal...more

Jones Day

ACCC Warns Against Bid Rigging in Public Tenders

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The Australian Competition and Consumer Commission ("ACCC") also cautions government agencies to be alert to potential bid rigging in the procurement process for public tenders. ...more

Vinson & Elkins LLP

Procurement Collusion Strike Force Views Mission As More Important As It Enters Third Year

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On October 13, 2021, the American Bar Association’s Section of Public Contract Law held its annual public procurement symposium to discuss important issues related to federal, state, and local government contracting. Daniel...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Recent Developments In Criminal Antitrust For Busy Corporate Counsel ‒ Summer 2021

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

Blake, Cassels & Graydon LLP

Blakes Competitive Edge™: July 2021 Update

Welcome to the July issue of Blakes Competitive Edge, a monthly publication of the Blakes Competition, Antitrust & Foreign Investment group. Blakes Competitive Edge provides an overview of recent developments in Canadian...more

McDermott Will & Emery

Government Contractor Pleads Guilty to Bid-Rigging and Procurement Fraud

On June 7, 2021, as part of the US Department of Justice’s (DOJ) continuing commitment to prosecuting cases where the government is a victim, a government contractor pleaded guilty to one count of bid-rigging and one count of...more

Hogan Lovells

Ending the endless: Cartel infringements end when competition is no longer restricted, the ECJ rules

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In previous decisions the European Court of Justice ("ECJ") had ruled that cartel infringements continue as long as they have economic effects. This was partly interpreted to mean that a bid-rigging cartel only ends with the...more

Vinson & Elkins LLP

OSHA’s Expanding Horizons: Whistleblower Protections For Money Laundering And Criminal Antitrust Violations

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At this point, most employers probably know that the Occupational Safety and Health Administration (“OSHA”) is charged with investigating far more than workplace safety. Indeed, OSHA has a robust Whistleblower Protection...more

The Volkov Law Group

DOJ’s Antitrust Division Targets Commercial Flooring Industry for Criminal Cartel Activity

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DOJ’s Antitrust Division is increasing criminal antitrust enforcement.  After two relatively slow years of criminal enforcement, the Antitrust Division’s criminal enforcement program is steadily increasing....more

A&O Shearman

Covid–19 coronavirus update: global application of antitrust rules (updated)

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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

Morgan Lewis

UK Antitrust Authority Issues Guidance on Business Cooperation During Pandemic

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New guidance from UK Competition and Markets Authority allows coordination between businesses in certain circumstances, such as to avoid shortages, protect the public interest, and safeguard health, amid the coronavirus...more

Epstein Becker & Green

Antitrust Law Compliance During Public Health Emergencies

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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

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