On October 31, 2022, the U.S. Department of Justice Antitrust Division (“DOJ”) announced that the president of a Montana paving and asphalt contractor, Nathan Nephi Zito, had pleaded guilty to one count of attempting to...more
In the span of 24 hours, two closely-watched federal jury trials both ended in defeat last week for the Department of Justice, Antitrust Division (“the Division”). The trials were considered bellwethers in gauging how the...more
On January 28, 2022, the United States District Court for the District of Colorado declined to dismiss a criminal antitrust indictment alleging a dialysis operator, DaVita Inc. (“DaVita”), and its former CEO colluded with...more
For many federal government contractors, their skilled and experienced workforce may be their most valuable asset. A recent “ice breaker” settlement of a class action lawsuit, however, demonstrates the wrong way to protect...more
9/23/2021
/ Anti-Competitive ,
Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Class Action ,
Class Certification ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Enforcement Guidance ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
No-Hire/No-Solicitation Agreements ,
No-Poaching
As has been well-publicized, on July 9, 2021, President Biden issued an “Executive Order on Promoting Competition in the American Economy” (the “EO” or “Order”).1 As the preamble articulates, the EO’s focus is to “promote the...more
7/19/2021
/ Antitrust Division ,
Competition ,
Department of Justice (DOJ) ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Joe Biden ,
Non-Compete Agreements ,
Popular ,
Procurement Collusion Strike Force ,
Railroads ,
Sherman Act ,
Surface Transportation Board