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Criminal Prosecution Antitrust Division

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

Proskauer Rose LLP

DOJ Messaging App Warnings Undermine Trust In Counsel

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In the last several months, the Antitrust Division of the U.S. Department of Justice has been issuing increasingly ominous warnings to companies and executives about the consequences of not preserving ephemeral messaging and...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

WilmerHale

ABA Spring Meeting Sessions: Key Highlights From US Antitrust Enforcers’ Statements (April 10-12, 2024)

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Below is a summary of some of the most important points made by antitrust enforcers who participated in panels at the ABA Antitrust Section’s annual Spring Meeting....more

McDermott Will & Emery

California DOJ Plans to Use Cartwright Act to Revive Criminal Enforcement Efforts

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On March 6, 2024, Paula Blizzard, the California Department of Justice’s antitrust chief, announced on a panel at the American Bar Association’s National Institute on White Collar Crime that the California Attorney General’s...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

BakerHostetler

DOJ Takes a Cue from ‘Catch Me If You Can’ with Price-Fixing Plea Agreement

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The 2002 blockbuster film “Catch Me If You Can” chronicles the exploits of notorious check-writing fraudster Frank Abagnale Jr., his narrow escapes from capture, and his eventual apprehension abroad by American law...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

Sheppard Mullin Richter & Hampton LLP

2024 Top-of-Mind Issues for Life Sciences Companies

As we reflect on 2023 and make predictions for 2024, it is remarkable the number of significant events occurring this past year that will be impactful for the activities of the life sciences industry going forward. Although...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

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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

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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

Sheppard Mullin Richter & Hampton LLP

Recent Antitrust Leniency Program Revisions Examined in ABA’s 2023 Edition of the Antitrust Cartel Leniency and Sentencing...

The subject of corporate leniency as a tool for combating criminal conduct seems to be top of mind for federal prosecutors. In the last few months, the Deputy Attorney General, Lisa Monaco, and senior enforcers in the...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

A&O Shearman

Antitrust in focus - May 2023

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

Skadden, Arps, Slate, Meagher & Flom LLP

DOJ Suffers Rare Acquittal From the Bench in Fourth Criminal No-Poach Loss

In the latest setback in the Department Justice Antitrust Division’s (DOJ) attempts to prosecute “no-poach” agreements criminally, a federal judge acquitted from the bench all six defendant employees of aerospace engineering...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

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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

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