In the final days of the Biden administration, the FTC and DOJ jointly issued antitrust guidelines on business practices that impact workers that replace the 2016 Antitrust Guidance for Human Resource Professionals, which...more
2/3/2025
/ Antitrust Provisions ,
Antitrust Violations ,
Biden Administration ,
Competition ,
Department of Justice (DOJ) ,
Employment Contract ,
False Statements ,
Federal Trade Commission (FTC) ,
Franchises ,
Human Resources Professionals ,
Independent Contractors ,
Labor Reform ,
No-Poaching ,
Non-Compete Agreements ,
Restrictive Covenants ,
Trump Administration ,
Unfair Competition ,
Wage-Fixing
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
10/22/2024
/ Algorithms ,
Antitrust Division ,
Antitrust Violations ,
Belgian Competition Authority ,
Bid Rigging ,
Cartels ,
Competition ,
Construction Project ,
Dawn Raids ,
Department of Justice (DOJ) ,
Enforcement ,
EU ,
Healthcare ,
Hedge Funds ,
Mexican Economic Competition Commission (Cofece) ,
No-Poaching ,
Pharmaceutical Industry ,
Philippines ,
Popular ,
Price-Fixing ,
Procurement Collusion Strike Force ,
Sherman Act ,
Software ,
State Attorneys General ,
Wage-Fixing
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
1/11/2024
/ Agricultural Sector ,
Algorithms ,
Artificial Intelligence ,
Audio Recording ,
Bid Rigging ,
Cartels ,
Competition ,
Corporate Counsel ,
Criminal Antitrust Litigation ,
Dawn Raids ,
Department of Justice (DOJ) ,
European Commission ,
Healthcare ,
Italy ,
Korea ,
No-Poaching ,
Per Se Rule ,
Popular ,
Poultry ,
Price-Fixing ,
Procurement Collusion Strike Force ,
Self-Reporting ,
Sherman Act ,
Turkey ,
UK Competition and Markets Authority (CMA) ,
Wiretapping
At this mid-point of 2023, and now several months on from the ABA’s Spring Antitrust conference, there have been several notable developments concerning cartel enforcement, as new leadership settles in at the U.S. Department...more
7/12/2023
/ Abuse of Dominance ,
Antitrust Provisions ,
Bid Rigging ,
Cartels ,
Collusion ,
Competition ,
Dawn Raids ,
Department of Justice (DOJ) ,
EU ,
Federal Contractors ,
Federal Trade Commission (FTC) ,
Instant Messaging Apps ,
Japan Fair Trade Commission (JFTC) ,
Labor Law Violations ,
Military Contracts ,
No-Poaching ,
Olympics ,
Policy Statement ,
Popular ,
Price-Fixing ,
Procurement Collusion Strike Force ,
Red Bull ,
Wage-Fixing ,
Whistleblowers
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
12/21/2022
/ Antitrust Division ,
Antitrust Violations ,
Bid Rigging ,
Canada ,
Corporate Counsel ,
Dawn Raids ,
Department of Justice (DOJ) ,
Environmental Social & Governance (ESG) ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Interlocking Directorate ,
Monopolization ,
No-Poaching ,
OECD ,
Procurement Collusion Strike Force ,
Sherman Act ,
Wage-Fixing
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
5/10/2022
/ Anti-Competitive ,
Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Belgium ,
Bid Rigging ,
Buy-Side Trading ,
Canada ,
Canadian Competition Act ,
Construction Contracts ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Justice (DOJ) ,
EU ,
Grand Juries ,
Health Care Providers ,
Home Health Care ,
Leniency Programs ,
Monopolization ,
No-Poaching ,
OECD ,
Pharmaceutical Industry ,
Popular ,
Price-Fixing ,
Procurement Collusion Strike Force ,
Reimbursements ,
Romania ,
Sherman Act ,
South Korea ,
Supply Chain ,
Vaccinations ,
Wage-Fixing
“If adopted and implemented by the agencies, the measures [in Biden’s executive order] would amount to the toughest antitrust enforcement that we’ve seen in the U.S. in decades.”
The award-winning women partners of...more
At our annual MoForward event in October 2021, Lisa Phelan offered practical advice about avoiding U.S. Department of Justice (DOJ) criminal antitrust enforcement of “no poach” agreements, predicting the defense industry...more
We summarize below some of the most significant cartel enforcement developments from U.S. and other antitrust enforcers, including policy shifts, investigations, case filings, and court rulings. This report summarizes...more
3/19/2019
/ Antitrust Division ,
Bid Rigging ,
Cartels ,
Competition ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Guilty Pleas ,
Italy ,
Japan ,
Libor ,
No-Poaching ,
Popular ,
Sports
To provide a quick overview of developments in criminal antitrust investigations and prosecutions, in the U.S. and globally, we summarize below some of the most significant Department of Justice (“DOJ”) announcements, policy...more
“Employees leaving an organization might be replaced physically, however, their skill-sets and knowledge cannot be exactly replaced by the person replacing them… the skill of employees, account for 85% of a company’s...more