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