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
4/22/2025
/ Antitrust Division ,
Antitrust Violations ,
Corporate Counsel ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Healthcare ,
No-Poaching ,
Obama Administration ,
Sherman Act ,
Trump Administration ,
Wage-Fixing ,
White Collar Crimes
It’s been two years since the Antitrust Division brought its most recent — and only pending — criminal case involving labor markets.
The two-year pause may be telling. It could indicate that prosecutors are picking and...more
The 40th American Bar Association White Collar Crime Conference took place on March 5-7, 2025 in Miami, and was once again loaded with timely discussion on a range of U.S. criminal enforcement topics. Axinn partners Dan Oakes...more
In many ways, criminal antitrust enforcement during President Trump’s first term illustrates what to expect under Trump 2.0. Among other highlights, the Delrahim DOJ obtained indictments and pleas involving public procurement...more
2/28/2025
/ Antitrust Division ,
Antitrust Violations ,
Cartels ,
Competition ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
FBI ,
Federal Acquisition Regulations (FAR) ,
Fraud ,
Fraud Abuse and Waste ,
Healthcare ,
Labor Reform ,
Procurement Collusion Strike Force ,
Trump Administration ,
White Collar Crimes
Earlier this week, the Antitrust Division updated its compliance guidance. The Division first issued guidance on its evaluation of corporate compliance programs in July 2019. This week’s updates follow multiple updates to the...more
11/15/2024
/ Anti-Retaliation Provisions ,
Antitrust Division ,
Artificial Intelligence ,
Department of Justice (DOJ) ,
Employee Training ,
Mobile Apps ,
Mobile Devices ,
Non-Disclosure Agreement ,
Risk Assessment ,
Telecommunications ,
Whistleblowers
On August 20, a federal judge issued a nationwide injunction blocking the FTC’s proposed non-compete clause rulemaking that had been set to go into effect today. Had it gone into effect (and it may still at some point, as the...more
9/5/2024
/ Competition ,
Confidentiality Agreements ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Criminal Antitrust Anti-Retaliation Act of 2015 ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Restrictive Covenants ,
Whistleblowers
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
3/6/2024
/ Antitrust Division ,
Antitrust Violations ,
Cartels ,
Compliance ,
Corporate Crimes ,
Criminal Prosecution ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Individual Accountability ,
No-Poaching ,
Per Se Rule ,
Sherman Act ,
Wage-Fixing ,
White Collar Crimes
When private suits alleging collusion hit, I search the complaint for “confidential witness.” It used to be that private suits followed criminal resolutions. Today, however, the opposite seems true: public allegations in...more
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
DOJ’s announcement of a safe harbor for voluntary self-disclosure in the context of acquisitions is the latest policy change in support of its effort to incentivize compliance, empower compliance professionals, and make...more
The Antitrust Division's ("Division") long-held view is that "individual criminal sanctions, including prison sentences, are the single most effective deterrent to antitrust crimes." Although the Division's sentencing...more
In December 2022, the Antitrust Division of the U.S. Department of Justice and the U.S. Department of Health and Human Services' Office of the Inspector General announced a memorandum of understanding memorializing their...more
2/9/2023
/ Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Bid Rigging ,
Competition ,
Criminal Prosecution ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Enforcement Guidance ,
Healthcare ,
Memorandum of Understanding ,
Price-Fixing