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
On November 16, 2021, the Senate voted 68–29 to confirm Jonathan Kanter as the Assistant Attorney General for the Antitrust Division at the U.S. Department of Justice (DOJ). Kanter’s confirmation is significant because the...more
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
9/16/2021
/ Antitrust Division ,
Antitrust Violations ,
Bid Rigging ,
Cartels ,
Competition ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Executive Orders ,
FBI ,
Joe Biden ,
Price-Fixing ,
Procurement Collusion Strike Force ,
Sherman Act ,
Wage-Fixing
On July 9, 2021, President Biden signed a sweeping executive order (EO) creating a “whole-of-government competition policy” that directs more than a dozen federal agencies to work in concert with the Department of Justice...more
Are the stars aligning for antitrust reform? President Biden is filling key positions in the White House (Timothy Wu, National Economic Council) and reportedly at the FTC (Lina Khan, commissioner) with lawyers who have...more
A new year, a new administration in the United States, and new cartel enforcement leadership in the United Kingdom have begun. In the United States, first-of-their-kind criminal charges have been brought involving labor and...more
3/2/2021
/ ACPERA ,
Anti-Competitive ,
Antitrust Division ,
Antitrust Violations ,
Bid Rigging ,
Bipartisan Agreement ,
Cartels ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Criminal Antitrust Anti-Retaliation Act of 2015 ,
Criminal Antitrust Litigation ,
Cross-Border Transactions ,
Department of Justice (DOJ) ,
European Commission ,
European Economic Area (EEA) ,
Fraud ,
Memorandum of Understanding ,
National Security ,
Online Gaming ,
Plea Agreements ,
Price-Fixing ,
Procurement Collusion Strike Force ,
Retaliation ,
Secretary of Labor ,
Serious Fraud Office (SFO) ,
State Attorneys General ,
Trump Administration ,
UK ,
UK Competition and Markets Authority (CMA)
On February 4, 2021, Democratic Senator and chair of the Senate Subcommittee on Antitrust, Competition Policy, and Consumer Rights Amy Klobuchar introduced the Competition and Antitrust Enforcement Reform Act of 2021 (the...more
The Antitrust Division of the Department of Justice (“DOJ”) recently announced its first-ever criminal wage-fixing prosecution. The DOJ likely intends this case to be a wake-up call to companies, executives, and HR...more
Despite the ongoing coronavirus (COVID-19) pandemic, the work of antitrust enforcers has continued largely uninterrupted in the second half of 2020. The Department of Justice Antitrust Division (the “Division”) has announced...more
11/3/2020
/ Bid Rigging ,
Confidential Information ,
Criminal Antitrust Litigation ,
Cross-Border ,
Department of Justice (DOJ) ,
DPA ,
FBI ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Market Allocation Scheme ,
Price-Fixing
The following is an excerpt from “Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel ? 2nd Quarter 2020.”
Division Continues Increased Focus on Procurement Collusion, Presents...more
Throughout the first half of 2020, much of the world has grappled with the reality of the coronavirus (COVID-19) pandemic, as the outbreak spread rapidly across entire countries and shut down large segments of the global...more
7/7/2020
/ ACPERA ,
Antitrust Provisions ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
DPA ,
Pharmaceutical Industry ,
Price-Fixing ,
Remote Working ,
UK ,
UK Competition and Markets Authority (CMA) ,
Whistleblower Protection Policies
As much of the U.S. battles COVID-19 by self-quarantining, others fight on the front lines by providing healthcare services, maintaining supply chains, and keeping America safe and fed. On April 13, the Department of Justice,...more
As the coronavirus (COVID-19) outbreak continues to unfold, antitrust enforcement agencies worldwide continue to adapt their policies and enforcement, balancing the need to be more permissive about corporations collaborating...more
As the coronavirus disease (COVID-19) outbreak continues to unfold, entire governments, economies, businesses, and countries are being adversely affected. The World Health Organization reports that there are “still many...more
In response to COVID-19, collaboration and cooperation among competitors in various forms may be beneficial to society. While businesses must remember that antitrust and competition laws continue to apply and take care to...more
On February 11, 2020, the Department of Justice (DOJ) submitted its budget request to Congress for fiscal year 2021, which includes a 13% increase in funding for the Antitrust Division. Overall, the Division is requesting a...more
Less than two weeks after being extradited from Italy to the United States, Maria Christina “Meta” Ullings, former senior vice president of air cargo sales and marketing for Martinair N.V. and a Dutch national, pleaded guilty...more
Below we summarize significant cartel enforcement developments from U.S. and other antitrust enforcers in recent months, including: the Department of Justice Antitrust Division’s (the “Division”) review of its International...more
11/1/2019
/ Antitrust Division ,
Australia ,
Cartels ,
Competition ,
Corporate Counsel ,
Criminal Antitrust Litigation ,
Department of Justice (DOJ) ,
EU ,
Guilty Pleas ,
Indonesia ,
Japan ,
Mergers ,
New Zealand ,
Portugal ,
Price-Fixing
Below, we summarize significant cartel enforcement developments from U.S. and other antitrust enforcers in recent months, including the significant change to longstanding policy by the Department of Justice (DOJ) Antitrust...more
7/31/2019
/ Anti-Competitive ,
Antitrust Division ,
Antitrust Litigation ,
Bid Rigging ,
Cartels ,
Competition Authorities ,
Compliance ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Fraud ,
Libor ,
New Guidance ,
Whistleblowers
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
Antitrust Division Renews Focus on Seeking Civil Damages for Antitrust Violations Harming Government -
On November 14, 2018, the U.S. Department of Justice’s Antitrust Division (the “Division”) announced global settlements...more
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