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Sherman Act Antitrust Division Antitrust Violations

McDermott Will & Emery

DOJ Secures Its First-Ever Conviction in a Criminal Antitrust Labor Market Trial

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On April 14, 2025, a federal jury convicted an executive in a wage-fixing conspiracy under the Sherman Act. This marks the first time, after many tries, that the US Department of Justice (DOJ) has secured a conviction in a...more

White & Case LLP

DOJ Secures First-Ever Guilty Verdict in Criminal Labor Market Antitrust Case: Conviction Also Highlights Fraud Risks in M&A Sale...

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A federal jury in Las Vegas has convicted Eduardo "Eddie" Lopez, a former executive of a home healthcare staffing company, on charges of wage-fixing and wire fraud. The conviction marks the first successful jury verdict for...more

Axinn, Veltrop & Harkrider LLP

A Labor of Love: Trump DOJ Obtains First Guilty Verdict in a Criminal Labor Case

In October 2016, the Obama Administration announced that it would criminally prosecute no-poach and wage-fixing agreements among competitors for talent. Starting in December 2020, through the Trump and Biden Administrations,...more

A&O Shearman

In-Home Nursing Agency Executive Convicted By Nevada Federal Jury In The Department Of Justice’s First Victory In A Wage-Fixing...

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On April 14, 2025, a federal jury in Nevada convicted a home healthcare nursing executive on one count of conspiracy to fix wages and five counts of wire fraud after a 15-day trial. The verdict represents the DOJ’s first...more

Mintz - Antitrust Viewpoints

DOJ Reaffirms Stance on Algorithmic Price Fixing, While Federal Judge Dismisses Price Fixing Complaint Against Software Company —...

On March 27, the Department of Justice Antitrust Division submitted a Statement of Interest (SOI) in a pricing algorithm case, in which it continues to argue that the use of third-party algorithmic price devices may...more

Troutman Pepper Locke

Navigating 4th Circ.'s Antitrust Burden In Hybrid Relationships

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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

Mogin Law LLP

Musk Says Advertisers Abandoned X via Illegal Boycott

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Advertisers began pulling their ads from the microblogging site, then called Twitter, shortly after Elon Musk took the company over in October 2022. Within a month at least six major companies had stopped advertising on the...more

Cohen & Gresser LLP

Mandatory vs. Suggested Pricing: Algorithmic Price Setting and the Sherman Act

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In January, as the Biden Administration drew to a close, the U.S. Department of Justice (“DOJ”) and eight state attorneys general amended their antitrust lawsuit against software maker RealPage, Inc. (“RealPage”). The lawsuit...more

Ballard Spahr LLP

Antitrust Enforcement in the Procurement Space During the Second Trump Administration

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Although the scope of federal antitrust enforcement under the second Trump administration remains uncertain, the Procurement Collusion Strike Force (PCSF) is expected to remain active. The PCSF, which was started by the first...more

Cozen O'Connor

NCAA Agrees to Stop Imposing Name, Image, & Likeness Restrictions

Cozen O'Connor on

A bipartisan coalition of 5 AGs reached a settlement with the National Collegiate Athletic Association (NCAA) to resolve allegations that the organization’s restrictions on future student-athletes’ ability to commercially use...more

Pillsbury Winthrop Shaw Pittman LLP

Key Areas to Consider Under the Updated Antitrust Division Corporate Compliance Guidelines

The revised Antitrust Compliance Guidelines expand their scope and provide critical insight into how the Department of Justice (DOJ) evaluates compliance programs—not only as tools to address criminal antitrust violations but...more

Wilson Sonsini Goodrich & Rosati

U.S. Supreme Court Lets Stand Fourth Circuit’s Brewbaker Decision

The U.S. Supreme Court has allowed a U.S. Court of Appeals for the Fourth Circuit ruling that limits the U.S. Department of Justice's (DOJ) ability to bring criminal charges for antitrust violations to stand. On November 12,...more

McGuireWoods LLP

Supreme Court Denial Has Implications for Criminal Antitrust Enforcement

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On Nov. 12, 2024, the U.S. Supreme Court declined to review a court of appeals decision that has important implications for the Department of Justice’s criminal antitrust enforcement program. In United States v. Brewbaker,...more

Morrison & Foerster LLP

Q3 2024: Quarterly Cartel Catch-Up

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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

Morgan Lewis

DOJ Statement of Interest States Information Sharing Among Competitors Warrants Closer Scrutiny

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The US Department of Justice Antitrust Division (DOJ) recently filed a Statement of Interest (Statement) to highlight its view that (1) information sharing alone, without any agreement to fix prices, can violate US antitrust...more

A&O Shearman

SDNY Judge Refuses To Transfer DOJ Case Against Concert Promoter, Finding Attempt To Unwind A Merger Cleared By Consent Decree...

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On October 3, 2024, United States District Judge Arun Subramanian refused to transfer the DOJ’s monopolization case against two companies in the live entertainment industry (“Defendants”) from the Southern District of New...more

A&O Shearman

New Jersey District Court Dismisses Algorithmic Room-Rate-Fixing Case Alleging Use Of Room Pricing Software By Atlantic City...

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On September 30, 2024, Judge Karen M. Williams of the United States District Court for the District of New Jersey dismissed with prejudice a complaint, lodged by a putative class of consumers, that alleged various...more

Orrick, Herrington & Sutcliffe LLP

DOJ, States sue commercial real estate management software company, allege antitrust violations

On August 23, the DOJ’s Antitrust Division announced that, with eight states, it filed suit against a commercial real estate management software company, alleging antitrust violations. The complaint, filed in the Middle...more

Holland & Knight LLP

DOJ Introduces New Twist in Algorithmic Collusion Cases

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It has been almost two years since private plaintiffs initiated the first antitrust class action cases against RealPage and owners and managers of multifamily apartment buildings, alleging collusion by algorithm in the use of...more

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

A&O Shearman

U.S. DOJ seeks rare $3.5 million “gun jumping” penalty against Legends Hospitality for pre-closing conduct in connection with its...

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On August 5, 2024, the United States Department of Justice (“DOJ”) filed a rare[1] gun jumping[2] civil lawsuit and proposed settlement in the United States District Court for the Southern District of New York against Legends...more

Foley Hoag LLP - State AG Insights

30 State Attorneys General Team up with DOJ to Sue Live Nation for Violations of Antitrust Law

United States Attorney General Merrick Garland, giving remarks about the lawsuit, highlighted public criticism over Live Nation-Ticketmaster’s “exorbitant fees and technological failures” and stated that this lawsuit is “what...more

WilmerHale

Antitrust Division’s Implementation of the Department of Justice’s Safe Harbor Declination Policy - A Policy in Search of a Fact...

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The Antitrust Division of the Department of Justice quietly made a change to its Leniency Policy and Procedures (the “Leniency Policy”) that could impact companies acquiring businesses or companies that they discover may have...more

Foley & Lardner LLP

What Every Multinational Company Should Know About … the U.S. DOJ’s Safe Harbor Policy and What the Antitrust Division Requires

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In October 2023, the Department of Justice (DOJ) announced a new Mergers & Acquisitions Safe Harbor Policy (“Safe Harbor Policy”) designed to encourage acquiring companies to voluntarily disclose criminal misconduct...more

Troutman Pepper Locke

Algorithmic Prices and Industry Data Reporting Under the Antitrust Microscope

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Federal and state antitrust enforcers, as well as private plaintiffs, are actively investigating and challenging both the companies using pricing algorithms, and the software vendors or the data analytics firms providing the...more

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