News & Analysis as of

Sherman Act Department of Justice (DOJ) Bid Rigging

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

Wilson Sonsini Goodrich & Rosati

Wilson Sonsini Global Cartel Law Quarterly Q4 2024 / Q1 2025

The firm is pleased to distribute the Wilson Sonsini Global Cartel Law Quarterly Q4 2024 / Q1 2025, which provides a summary of key cartel enforcement trends across the U.S., Europe, and beyond. A “cartel” under competition...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

Latham & Watkins LLP

Antitrust Division’s Updated Guidance on Evaluating Corporate Compliance Programs - Key Features and Takeaways

Latham & Watkins LLP on

The guidance stresses heightened focus on emerging antitrust risks, enhanced support and incentives, and proactive monitoring. On November 12, 2024, the Antitrust Division of the US Department of Justice (the Antitrust...more

Morrison & Foerster LLP

Q3 2024: Quarterly Cartel Catch-Up

Morrison & Foerster LLP on

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

The Volkov Law Group

Antitrust Division Indicts Company, Executive and Employee for $100 Million Price-Fixing Conspiracy

The Volkov Law Group on

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

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

Axinn, Veltrop & Harkrider LLP

DOJ Provides More Specific Guidance About Criminal Enforcement of Section 2

Since the Antitrust Division's March 2022 announcement that it would once again consider and bring criminal charges for violations of Section 2 of the Sherman Act, DOJ has resisted calls for guidance about what conduct would...more

Morrison & Foerster LLP

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

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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

Troutman Pepper Locke

Antitrust Criminal Enforcement on the Horizon

Troutman Pepper Locke on

With the end of summer and fall right around the corner, the U.S. Department of Justice (DOJ), Antitrust Division is gearing up for several crucial displays of its criminal enforcement priorities across multiple...more

MoFo Employment Law Commentary (ELC)

No-Poach Case Alert: DOJ’s No-Poach Strategy Dealt Another Blow As Court Tosses Case Before It Reaches Jury

The U.S. Department of Justice’s (“DOJ’s”) ongoing efforts against no-poach agreements suffered their latest setback on April 28, 2023, following the Connecticut federal court’s ruling in U.S.A. v. Mahesh Patel, acquitting...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Year-End Edition 2022

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In 2022, antitrust authorities around the world were pursuing more investigations, bringing new types of cases, and making policy changes to spark even more enforcement actions. In the United States, the Department of...more

McCarter & English Blog: Government Contracts...

DOJ’s Procurement Collusion Strike Force: Widening Its Stride on Its Third Anniversary

The U.S. Department of Justice (DOJ) Procurement Collusion Strike Force (PCSF, or Strike Force) celebrates its third anniversary this month. Formed in November 2019 as an interagency partnership consisting of DOJ’s antitrust...more

Perkins Coie

DOJ Procurement Collusion Strike Force Revs Up in 2022

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Continuing its prolific run of indictments, guilty pleas, and convictions, on July 13, 2022, the U.S. Department of Justice (DOJ) Procurement Collusion Strike Force (PCSF or Strike Force) secured a guilty plea from a Texas...more

The Volkov Law Group

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

The Volkov Law Group on

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

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel - Q1 2022

Since the last edition of the QCC, there has been a series of dramatic developments in the criminal antitrust enforcement space in the U.S. from the Department of Justice’s Antitrust Division (Division)....more

McDermott Will & Emery

DOJ Faces Setbacks in Labor Market Prosecutions but Remains Determined

McDermott Will & Emery on

WHAT HAPPENED - - On back-to-back days this month, defendants charged and prosecuted by the US Department of Justice’s Antitrust Division (the DOJ) were acquitted on all Sherman Act charges in first-of-their-kind criminal...more

McDermott Will & Emery

Views and Lessons from the Trenches of the First Criminal No-Poach Trial

McDermott Will & Emery on

In a landmark case of first impression, the US Department of Justice’s (DOJ) Antitrust Division (Division) indicted and brought to trial a federal criminal prosecution alleging agreements between DaVita, Inc., its former CEO...more

McDermott Will & Emery

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

McDermott Will & Emery on

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

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel – Q4 2021

The end of 2021 continued to be a busy time for antitrust enforcers in the U.S. and around the world. Perhaps most notably, in November the Senate confirmed Jonathan Kanter to lead the U.S. Department of Justice’s Antitrust...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

Vinson & Elkins LLP

Procurement Collusion Strike Force Announces First International Criminal Antitrust Plea

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On June 25, 2021, the Department of Justice’s Antitrust Division (the “Division”) announced the first criminal antitrust prosecution and “international resolution obtained by the Procurement Collusion Strike Force (PCSF).”...more

The Volkov Law Group

Contech Engineered Pleads Guilty and Agrees to Pay $8.5 Million for Bid-Rigging and Fraud

The Volkov Law Group on

The Antitrust Division has pushed bid-rigging and price-fixing prosecutions of government contractors.  It is long overdue – fraud enforcement has uncovered a number of bid-rigging and price-fixing schemes among government...more

Arnall Golden Gregory LLP

Recent Generic Conspiracy Indictment Highlights Risk of Discussing Pricing or Bids with Competitors

On February 4, 2020, a grand jury from the United States District Court in the Eastern District of Pennsylvania indicted Ara Aprahamian for price fixing under the Sherman Act and false statements. ...more

Husch Blackwell LLP

Contractors: Get Ready For The New DOJ Anti-Trust Task Force!

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As if over-reaching under the False Claims Act wasn’t bad enough, government contractors will now be subject to a new area of investigation. On November 5, 2019, the U.S. Department of Justice announced its new Procurement...more

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