The members of BakerHostetler’s Antitrust and Competition Team are pleased to present these additional brief updates from the conference sessions at this week’s ABA Antitrust Spring Meeting in Washington, D.C. ...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
The US Department of Justice (DOJ) Antitrust Division announced significant guidance updates to its leniency program on April 4, 2022. Under the program, companies that self-report antitrust conspiratorial activity to the...more
Italy has just enacted the Legislative Decree implementing the ECN Plus Directive so providing the Italian Competition Authority (ICA) with increased enforcement powers. The following sections provide a first overview of the...more
On November 9, 2021, Federal Trade Commission (FTC) Commissioner Christine Wilson addressed the American Bar Association Antitrust Law Section’s 2021 Fall Forum. Her prepared comments, entitled “The Neo-Brandeisian...more
The U.S. Department of Justice’s Procurement Collusion Strike Force has struck again. Launched in November 2019, PCSF is a multi-agency task force led by DOJ’s Antitrust Division and designed to combat antitrust crimes...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
On Tuesday, December 8, the House of Representatives passed S. 2258, the Criminal Antitrust Anti-Retaliation Act, by voice vote, sending the bill to President Donald Trump’s desk. The measure, which unanimously passed the...more
While up against ever-changing antitrust regulations, enterprises continue to struggle with implementing a formal and defensible compliance program. Detecting and mitigating risk, as well as avoiding criminal liability, are...more
The Egyptian Competition Authority recently published the first Egyptian guidelines on the process for obtaining amnesty or leniency from criminal prosecution for antitrust cartel violations, signaling the agency's intent to...more
The Department of Justice recently sent a stark message to medical providers (and other businesses) that agreements to allocate services, employees, and customers among competing providers will be prosecuted under criminal...more
On April 30, 2020, the United States Department of Justice Antitrust Division (DOJ) announced that it had brought a one-count felony charge against Florida Cancer Specialists & Research Institute LLC (FCS), an oncology group...more
Compliance Today (April 2020) The following are prepared remarks by Deputy Assistant Attorney General Richard A. Powers delivered February 7, 2020. He discussed recent litigation and enforcement actions; however, the...more
The Department of Justice Antitrust Division (DOJ) was active in 2019. At the beginning of 2019, the DOJ was preparing for trial in six matters and had 91 pending grand jury investigations. Throughout 2019, the DOJ made...more
When the DOJ is deciding whether to charge a company with a criminal antitrust violation, or agreeing to a deferred prosecution agreement (DPA), the effectiveness of a company’s antitrust compliance program is only one...more
Global companies are paying greater attention to criminal antitrust risks – and with good reason. We often dwell on the impact to a company of a major FCPA investigation. A global criminal antitrust investigation often in...more
The Development: Mexico's antitrust authority, the Comisión Federal de Competencia Económica ("COFECE"), released guidelines that recognize the attorney-client privilege in antitrust investigations. Background: Mexican law...more
This month, and with great fanfare, the U.S. Department of Justice (DOJ) announced its creation of a Procurement Collusion Strike Force. We know what you’re thinking, and no – this Strike Force will not be starring in the...more
One of the bedrock principles of federal contracting is the demand for “full and open competition through the use of competitive procedures.” In order to foster competition and reduce costs, the Competition in Contracting...more
On November 5, the Department of Justice (DOJ) Antitrust Division announced the establishment of the Procurement Collusion Strike Force (PCSF). The PCSF aims to deter, detect, investigate, and prosecute antitrust crimes and...more
Third Circuit Holds False Claims Act Relator Lacks Standing and Right to Intervene in Related Criminal Case - In a matter of first impression, the Third Circuit held last week that a relator who filed an action under the...more
On November 5, 2019, the Justice Department announced the creation of a nationwide "strike force" to address criminal antitrust violations impacting government contracting, such as price fixing and bid rigging. The strike...more
What a change in US criminal antitrust charging policy means for Taiwanese businesses. In July 2019, the Antitrust Division of the US Department of Justice (DOJ) announced a new policy to encourage the implementation of...more
The U.S. Department of Justice (DOJ) announced a new policy on July 11, 2019, designed to incentivize the development and implementation of corporate antitrust compliance programs. In remarks made at the New York...more
• The Department of Justice (DOJ) has announced a policy change under which it will consider a company’s antitrust compliance program in mitigation of alleged criminal violations of antitrust laws. • The DOJ’s previous...more