Criminal sanctions

Anticompetitive practices

The Australian Competition Authority secures a guilty plea by a former export manager of a pharmaceutical ingredient company for participating in cartel activities (Alkaloids / Christopher Kenneth Joyce)
Australian Competition and Consumer Commission (Canberra)
Former export manager of pharmaceutical ingredient company pleads guilty to criminal cartel charges* Christopher Kenneth Joyce, the former export manager of pharmaceutical ingredient company Alkaloids of Australia Pty Ltd, has today pleaded guilty to criminal cartel conduct in Sydney’s Downing (...)

The US DoJ secures new guilty pleas by two Belgian former security services executives in an ongoing investigation into rigging bids in national defense procurement contracts (G4S Secure Solutions)
US Department of Justice (Washington)
Former Security Services Executives Plead Guilty to Rigging Bids for Department of Defense Security Contracts* Two former employees of G4S Secure Solutions NV (G4S NV), pleaded guilty today to criminal antitrust charges stemming from their involvement in a conspiracy to rig bids, fix prices, (...)

The Australian Competition Authority announces that criminal cartel charges have been withdrawn against the national construction, forestry, maritime, mining, and energy union due to lapse of time and resulting difficulty to secure reliable witness testimonies (CDPP / CFMMEU)
Australian Competition and Consumer Commission (Canberra)
Criminal cartel charges against CFMMEU and Jason O’Mara withdrawn* The Commonwealth Director of Public Prosecutions (CDPP) has today withdrawn criminal cartel charges against the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and its ACT Divisional Branch Secretary Mr Jason (...)

The Canadian Competition Authority presses criminal charges against a fifth person in connection with a conspiracy to rig bids for City of Gatineau infrastructure contracts (François Paulhus)
Canadian Competition Bureau (Gatineau)
Fifth engineering executive charged in Gatineau bid-rigging case* The Competition Bureau announced today that it has laid criminal charges against a fifth person in connection with a conspiracy to rig bids for City of Gatineau infrastructure contracts. François Paulhus is accused of (...)

The US DoJ fines a Belgian security services company $15 million for bid-rigging and price-fixing in national defense procurement (G4S Secure Solutions)
US Department of Justice (Washington)
Belgian Security Services Firm Agrees to Plead Guilty to Criminal Antitrust Conspiracy Affecting Department of Defense Procurement* Company to Pay $15 Million Criminal Fine G4S Secure Solutions NV (G4S), a Belgian security firm, has agreed to plead guilty for its role in a conspiracy to rig (...)

The US State of New York Senate adopts a legislation prohibiting abuse of dominance and requiring new thresholds for the State’s pre-merger notification system
White & Case (Washington)
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White & Case (Washington)
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White & Case (Washington)
While Congress has been the epicenter of an ongoing antitrust debate—with US legislators on both sides of the aisle urging vast reforms—the New York State legislature is pursuing a state bill that would arguably ensnare more conduct and transactions in antitrust law’s web than anything proposed, (...)

The Australian Federal Court acquits a CEO and former employee of a national healthcare facility accused of participating in cartel activities (Country Care)
Australian Competition and Consumer Commission (Canberra)
Country Care, CEO and former employee acquitted of criminal cartel offences* A jury in the Federal Court today acquitted rehabilitation aids company The Country Care Group Pty Ltd, its CEO Robert Hogan and a former employee Cameron Harrison of eight criminal cartel offences. The charges (...)

The US DoJ charges two clinical directors for price-fixing for health care workers and obstructing the FTC’s investigation
US Department of Justice (Washington)
Second Individual Charged with Fixing Wages for Health Care Workers and Obstructing FTC Investigation* A federal grand jury in the Eastern District of Texas returned a superseding indictment charging two Texas men with conspiring to fix prices by lowering rates paid to certain health care (...)

The US DoJ fines the largest national chicken producer for price fixing (Pilgrim’s)
US Department of Justice (Washington)
One of the Nation’s Largest Chicken Producers Pleads Guilty to Price Fixing and is Sentenced to a $107 Million Criminal Fine First Corporation Pleads Guilty in Ongoing Criminal Antitrust Investigation into the Broiler Chicken Industry Pilgrim’s Pride Corporation (Pilgrim’s), a major broiler (...)

The Danish Parliament approves extensive amendments to the Competition Act within the implementation of the ECN+ Directive
Van Bael & Bellis (Brussels)
On 9 February 2021, as a part of the implementation of the ECN+ Directive, the Danish Parliament approved extensive amendments to the Danish Competition Act. Most importantly, the amendments allow the Danish Competition and Consumer Authority’s (“DCCA”) to request courts to impose civil fines on (...)

The Polish Competition Authority fines several fitness chains for collusion (Benefit Systems / Bartosz Gibała / Platinium Wellness)
Polish Competition Authority (Warsaw)
Collusion on the fitness market - decision by the President of UOKiK* Tomasz Chróstny, the President of UOKiK, has imposed over PLN 32 million in financial penalties on the largest fitness chains, including Benefit Systems (operator of MultiSport cards) for a competition-restricting collusion (...)

The Canadian Competition Authority closes its investigation into an alleged conspiracy by large media companies (Postmedia / Torstar)
Conway Baxter Wilson (Ottawa)
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Commonwealth Secretariat (London)
Introduction Canada’s Competition Bureau (‘the Bureau’), which assists the Commissioner of Competition (‘the Commissioner’) in the administration and enforcement of the Competition Act (‘the Act’), announced on 7 January 2021 that the Commissioner closed the investigation into Postmedia Network (...)

The US Senate passes the Criminal Antitrust Anti-Retaliation Act which prohibits employers from retaliating against certain individuals
Robert Connolly Law (Palm Springs)
An Update on Criminal Antitrust Whistleblower Legislation* On Dec. 23, 2020, the Criminal Antitrust Anti-Retaliation Act (the “Act”), finally became law. The legislation had passed in the Senate several times previously but until this last Congress, had never been brought up for a vote in the (...)

The US Congress creates a new protection for antitrust whistleblowers
Bona Law (San Diego)
Congress Creates New Protections for Antitrust Whistleblowers* Over a year after it was first passed by the Senate, the Criminal Antitrust Anti-Retaliation Act finally became law in December 2020. The new law protects employees who report criminal antitrust violations such as price fixing or (...)

The Australian Competition Authority fines and convicts a former general manager of a national steel producing company for obstructing a cartel investigation (BlueScope Steel)
Ashurst (Sydney)
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Ashurst (Sydney)
In December 2020, Jason Ellis, a former general manager of sales and marketing at BlueScope Steel Limited ("BlueScope"), was sentenced to eight months’ imprisonment (suspended) and ordered to pay a A$10,000 fine, for inciting the obstruction of an investigation by the Australian Competition and (...)

The US DoJ indicts former owner of healthcare staffing company for wage fixing (Neeraj Jindal)
US Department of Justice (Washington)
Former Owner of Health Care Staffing Company Indicted for Wage Fixing* Antitrust Division Remains Committed to Prosecuting Collusion in Labor Markets A federal grand jury returned an indictment charging Neeraj Jindal, the former owner of a therapist staffing company, for participating in a (...)

The US DoJ indicates the owner of a therapist staffing company on wage-fixing charges (Neeraj Jindal)
Latham & Watkins (San Francisco)
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Morgan Lewis (Silicon Valley)
A federal grand jury in Texas indicted the owner of a therapist staffing company on wage-fixing charges on December 9. Although this is the US Department of Justice’s first criminal wage-fixing prosecution, the indictment underscores that enforcement agencies remain focused on policing these (...)

The US DoJ brings criminal charges for wage fixing on therapist staffing companies (Neeraj Jindal)
Jones Day (Washington)
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Jones Day (San Francisco)
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Jones Day (Houston)
The Department of Justice Antitrust Division ("DOJ") has indicted a Texas businessman for conspiring with competitors to fix employee wages in violation of the Sherman Act. This action challenges particularly blatant conduct, but is consistent with recent attention to antitrust in employment (...)

The US DoJ remains committed to prosecuting collusion in labor markets to reduce employee wages (Neeraj Jindal)
Covington & Burling (Washington)
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Covington & Burling (Washington)
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Covington & Burling (Washington)
On December 10th, the Antitrust Division of the U.S. Department of Justice announced its first criminal indictment targeting an alleged conspiracy to reduce employee wages. The DOJ charged the former owner of a therapist staffing company with conspiring to reduce pay rates for healthcare worker (...)

The Japanese FTC brings criminal accusations with suspicion of bid-rigging against four wholesalers in the pharmaceutical sector (Alfresa / Mediceo / Suzuken / Toho)
White & Case (Tokyo)
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White & Case (Tokyo)
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White & Case (Tokyo)
On December 9, 2020, the Japan Fair Trade Commission (“JFTC”) brought criminal accusations with regard to bid-rigging involving pharmaceutical products ordered by the Japan Community Healthcare Organization (“JCHO”). Three pharmaceutical wholesalers and seven individuals were indicted. According (...)

The US Congress passes the criminal antitrust anti-retaliation act aiming to protect whistleblowers
Morgan Lewis (Washington)
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Morgan Lewis (Washington)
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Morgan Lewis (Washington)
The US Congress passed S.2258, the Criminal Antitrust Anti-Retaliation Act of 2019, on December 8 and presented the bill to the president on December 11 – almost a year-and-a-half after Senator Chuck Grassley (R-IA) introduced the bill in the Senate. The bill follows recommendations from a 2011 (...)

The Australian NSW Local Court in Sydney refers several banks and executives to the Federal Court for trial on criminal cartel charges (ANZ / Citigroup / Deutsche Bank)
Australian Competition and Consumer Commission (Canberra)
ANZ, Citigroup and Deutsche Bank committed for trial in Federal Court on criminal cartel charges* Australia and New Zealand Banking Group Ltd (ANZ), Citigroup Global Markets Australia Pty Limited (Citigroup), Deutsche Bank AG (Deutsche Bank) and six senior banking executives have today all (...)

The Irish Competition Authority welcomes the publication of a report dealing with economic crime (Hamilton Review Group)
Irish Competition Authority (Dublin)
The CCPC welcomes publication of the Hamilton Report to deal with economic crime The Competition and Consumer Protection Commission (CCPC) welcomes the publication today of the “Review of structures and strategies to prevent, investigate and penalise economic crime and corruption” by the (...)

The Australian Competition Authority charges a pharmaceutical ingredient company and its former director for leading a criminal cartel (Alkaloids / Christopher Kenneth Joyce)
Australian Competition and Consumer Commission (Canberra)
Criminal cartel charges laid against pharmaceutical ingredient company and its former export manager.* Alkaloids of Australia Pty Ltd and its former export manager, Christopher Kenneth Joyce, have each been charged with 33 criminal cartel offences, contrary to the Competition and Consumer Act (...)

The Canadian Competition Authority confirms that no-poaching, wage-fixing, and other buy-side agreements do not violate the Competition Act’s price fixing provision
Cassels Brock (Toronto)
No-poaching, wage-fixing, and other buy-side agreements do not violate the Competition Act’s price fixing provision (section 45), the Competition Bureau has confirmed. This is because section 45 only applies to agreements relating to the supply of a product, and not the purchase of a product. (...)

The US DoJ announces that the president of a company pleaded guilty to rigging bids in the commercial flooring market (Delmar E. Church Jr.)
US Department of Justice (Washington)
President of Commercial Flooring Company Pleads Guilty to Rigging Bids in Violation of Federal Antitrust Laws* Delmar E. Church Jr., the president and one of the principal owners of a Chicago-area commercial flooring company, pleaded guilty for his role in a conspiracy to rig bids and fix (...)

The US DoJ announces measures to further its pursuit of antitrust and related crimes in government procurement and program funding
Covington & Burling (Washington)
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Covington & Burling (Washington)
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Covington & Burling (Washington)
Just over a year after launching the Procurement Collusion Strike Force (“PCSF”), the U.S. Department of Justice’s Antitrust Division (“DOJ”) announced new measures to further its pursuit of antitrust and related crimes in government procurement, grant, and program funding. These changes expand the (...)

The UK Competition Authority and Serious Fraud Office sign a memorandum of understanding allowing the two regulators to investigate and prosecute individuals in criminal cartel cases
Government Legal Department (London)
On 22 October 2020, the UK’s Competition and Markets Authority (“CMA”) and the UK’s Serious Fraud Office (“SFO”) signed a memorandum of understanding (“MoU”) allowing the two regulators to investigate and/or prosecute individuals in criminal cartel cases. Under UK competition law the most serious (...)

The Russian Republic of Khakassia’s Abakan City Court convicts members of a medical equipment cartel to imprisonment up to 16 years (Administration of Head of Republic of Khakassia)
Russian Federal Antimonopoly Service (Moscow)
Andrey Tenishev: Cartel Members Convicted in the Republic of Khakassia* Court imposed imprisonment up to 16 years to participants of anticompetitive agreements for theft and bribes It should be reminded that in 2018 the FAS Russia recognized a number of companies violated the Law on (...)

The US District Court for the District of Colorado indicts six additional individuals on charges of price fixing and bid rigging in ongoing broiler chicken investigation (Timothy Mulrenin / William Kantola / Jimmie Little / William Lovette / Gary Roberts / Rickie Blake)
US Department of Justice (Washington)
Six Additional Individuals Indicted On Antitrust Charges In Ongoing Broiler Chicken Investigation* A federal grand jury in the U.S. District Court in Denver, Colorado, returned a superseding indictment charging six additional defendants for their roles in a previously indicted conspiracy to (...)

The US DoJ applauds the US President’s authorization of The Antitrust Criminal Penalty Enhancement And Reform Permanent Extension Act
US Department of Justice (Washington)
Department Of Justice Applauds President Trump’s Authorization Of The Antitrust Criminal Penalty Enhancement And Reform Permanent Extension Act* On October 1, President Donald J. Trump signed into law a continuing resolution that contains the Antitrust Criminal Penalty Enhancement and Reform (...)

The US District Court for the Middle District of Florida indicts former cancer centre president for participation in a long-running antitrust conspiracy (Dr. William Harwin)
US Department of Justice (Washington)
Former Cancer Center President Indicted For Participation In Long-Running Antitrust Conspiracy* A federal grand jury returned an indictment against Dr. William Harwin, founder and former President of Florida Cancer Specialists & Research Institute LLC (FCS), for conspiring to allocate (...)

The US DoJ announces that a former currency trader at a major multinational bank is sentenced to jail and required to pay a fine for participating in price-fixing and bid-rigging (Akshay Aiyer)
US Department of Justice (Washington)
Former Foreign Exchange Trader Sentenced To Prison For Price Fixing And Bid Rigging* Akshay Aiyer, a former currency trader at a major multinational bank, was sentenced to serve eight months in jail and ordered to pay a $150,000 criminal fine for his participation in an antitrust conspiracy to (...)

The US DoJ Assistant Attorney General Makan Delrahim confirms the opening of two dozen active grand jury investigations into potential criminal antitrust law violations
Baker Botts (Washington)
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Baker Botts (Washington)
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Baker Botts (Washington)
Clients that do business with the federal government should take note: despite the pandemic and the upcoming election, the U.S. Department of Justice (“DOJ”) continues to prioritize its focus on punishing fraudulent and anticompetitive conduct by government contractors, carrying out dozens of (...)

The Danish Competition Authority fines an association of passenger carriers for bid-rigging in public procurement (ØFP)
Danish Competition and Consumer Authority (Copenhagen)
Association of passenger carriers pays a fine of DKK 400,000 for bid rigging* The association of undertakings Økonomisk Forening for Persontransport has accepted a fine of DKK 400,000 (app € 53,643) for coordinating bids between its members. The association of undertakings Økonomisk Forening for (...)

The Russian Competition Authority reveals a cartel in the market for the provision of services for the repair of radiological equipment for the needs of healthcare institutions (Sibmer / Radiatsionnaya Tekhnika)
Russian Federal Antimonopoly Service (Moscow)
The Second Episode Of Large Cartel In The Market Of Radiological Equipment Was Revealed* Novosibirsk Regional Office of the FAS Russia together with Rosfinmonitoring revealed a medical cartel in the Siberian Federal District at 89 auctions. The FAS Russia suspects its participants in another (...)

The US DoJ charges a commercial flooring contractor with bid-rigging in an ongoing investigation (Vortex Commercial Flooring)
US Department of Justice (Washington)
Commercial Flooring Contractor Agrees To Plead Guilty To Bid Rigging* Vortex Commercial Flooring Inc., a Chicago-area commercial flooring contractor, has been charged for its role in a long-running antitrust conspiracy to rig bids and fix prices for commercial flooring services and products (...)

The US DoJ charges a seventh generic drug manufacturer in ongoing criminal price-fixing investigation (Teva Pharmaceuticals)
US Department of Justice (Washington)
Seventh Generic Drug Manufacturer Is Charged In Ongoing Criminal Antitrust Investigation* Consumers Were Allegedly Overcharged at Least $350 Million Teva Pharmaceuticals USA Inc. (Teva) has been charged with conspiring to fix prices, rig bids, and allocate customers for generic drugs, the (...)

The Egyptian Competition Authority publishes guidelines for obtaining amnesty or leniency from criminal prosecution for antitrust cartel violations
White & Case (Washington)
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White & Case (Washington)
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White & Case (Cairo)
The Egyptian Competition Authority recently published the first Egyptian guidelines on the process for obtaining amnesty or leniency from criminal prosecution for antitrust cartel violations, signaling the agency’s intent to activate this tool in future enforcement activities. The guidelines (...)

The US DoJ charges sixth pharmaceutical company for fixing prices, allocating customers a bid-rigging in the ongoing investigation into the generic pharmaceutical industry (Taro Pharmaceuticals)
US Department of Justice (Washington)
Sixth Pharmaceutical Company Charged In Ongoing Criminal Antitrust Investigation* Fifth Company to Admit It Fixed Prices of Generic Drugs Taro Pharmaceuticals U.S.A., Inc. (Taro U.S.A.) has been charged for conspiring to fix prices, allocate customers, and rig bids for generic drugs, the (...)

The US DoJ charges fifth pharmaceutical company in ongoing criminal antitrust investigation into fixing prices of generic drugs (Glenmark Pharmaceuticals)
US Department of Justice (Washington)
Fifth Pharmaceutical Company Charged In Ongoing Criminal Antitrust Investigation* Glenmark Pharmaceuticals Inc., USA was charged for conspiring to fix prices for generic drugs, the Department of Justice announced today. The charge, filed today in the U.S. District Court in Philadelphia, (...)

The Australian Federal Court sees Norwegian global shipping company plead guilty to criminal cartel conduct (WWO)
Australian Competition and Consumer Commission (Canberra)
Wallenius Wilhelmsen pleads guilty to criminal cartel conduct* Norwegian-based global shipping company Wallenius Wilhelmsen Ocean AS (WWO) has today entered a guilty plea in the Federal Court to criminal cartel conduct. After an ACCC investigation, on 23 August 2019 the Commonwealth Director (...)

The US District Court for the Northern District of California announces a $100,000 fine and sentences a former CEO to 40 months in prison for his role in a tuna price-fixing conspiracy involving two competitors (Bumble Bee Foods)
Hogan Lovells (Washington)
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Hogan Lovells (Washington)
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Hogan Lovells (Washington)
On 16 June 2020, the former CEO of Bumble Bee Foods LLC was sentenced to 40 months in prison and fined US$100,000 for his role in a tuna price-fixing conspiracy involving two competitors. This sentence is one of the most significant penalties ever imposed on a corporate executive in a criminal (...)

The US District Court for the Northern District of California sentences former CEO of canned tuna company to prison for price fixing (Christopher Lischewski / Bumble Bee Foods)
US Department of Justice (Washington)
Former Bumble Bee CEO Sentenced To Prison For Fixing Prices Of Canned Tuna* Christopher Lischewski, former Chief Executive Officer and President of Bumble Bee Foods LLC, was sentenced to serve 40 months in jail and pay a $100,000 criminal fine for his leadership role in a three-year antitrust (...)

The OECD holds a roundtable on the criminalisation of cartels and bid-rigging conspiracies
OECD - Competition Division (Paris)
Sanctions against cartels vary greatly across jurisdictions, from monetary fines against firms and other legal persons, to criminal sanctions (including custodial sentences) against individuals. In the last years, an increased adoption of criminal enforcement regimes has been observed across (...)

The US DoJ files first charges in an ongoing investigation into price-fixing by major broiler chicken producers (Jayson Jeffrey Penn / Mikell Reeve Fries / Scott James Brady / Roger Born Austin)
US Department of Justice (Washington)
Senior Executives at Major Chicken Producers Indicted on Antitrust Charges* First Charges Filed in Ongoing Investigation into Fixing Prices of Broiler Chickens A federal grand jury in the U.S. District Court in Denver, Colorado, returned an indictment against four executives for their role in (...)

The US DoJ fines generic pharmaceutical company $24.1million for fixing price of widely used cholesterol medication and files for deferred prosecution agreement (Apotex)
US Department of Justice (Washington)
Generic Pharmaceutical Company Admits to Fixing Price of Widely Used Cholesterol Medication* Apotex Corp. Agrees to Pay a $24.1 Million Criminal Penalty Apotex Corp., a generic pharmaceutical company headquartered in Florida, was charged with fixing the price of the generic drug pravastatin, (...)

The US DoJ charges leading cancer treatment center with conspiring to allocate medical and radiation oncology treatments for cancer patients in Southwest Florida and enters a deferred prosecution agreement for the remainder of the cartel investigation (Florida Cancer Specialists & Research Institute)
US Department of Justice (Washington)
Leading Cancer Treatment Center Admits to Antitrust Crime and Agrees to Pay $100 Million Criminal Penalty* Florida Cancer Specialists & Research Institute LLC (FCS), an oncology group headquartered in Fort Myers, Florida, was charged with conspiring to allocate medical and radiation (...)

The US DoJ reiterates its focus on prosecuting violations of antitrust laws in areas affected by the COVID-19 outbreak and the criminal prosecution that can be faced Free
McDermott Will & Emery (Chicago)
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McDermott Will & Emery (Chicago)
The potential for government investigation increases during periods of rapid and extreme movement in price. The US Department of Justice (DOJ) recently reiterated its focus on prosecuting violations of antitrust laws, especially in areas affected by the coronavirus outbreak. On March 9, 2020, (...)

The US DoJ announces its intention to hold accountable companies who violates national antitrust laws in connection with the manufacturing and the distribution or the sale of public health products following the COVID-19 outbreak Free
Eversheds Sutherland (New York)
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Eversheds Sutherland (Washington D.C.)
As we all respond to COVID-19 (the coronavirus), we should keep an eye on the responsive measures being taken by the US Department of Justice (DOJ), and consider how those measures might impact companies and individuals globally. The DOJ acts in several roles, including as a part of law (...)

The US DoJ signals it will step up enforcement in response to COVID-19 and will hold accountable anyone who violates the antitrust laws in connection with the manufacturing and the distribution or the sale of public health products Free
Cooley (Washington)
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Cooley (San Francisco)
The DOJ’s Antitrust Division has signaled it will step up enforcement in response to COVID-19. While pandemics and Sherman Act investigations may not seem like the most intuitive pairing, it actually fits a historic pattern in which the DOJ ramps up antitrust enforcement during crises. There are (...)

The US DoJ announces its intention to continue to hold businesses accountable for per se criminal violations of antitrust laws during the COVID-19 pandemic Free
Proskauer (Washington)
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Proskauer (London)
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Proskauer (Washington)
As businesses across the globe grapple with the changing realities presented by the COVID-19 pandemic, U.S. and international antitrust enforcers have warned that business should continue to mind the antitrust laws. Global enforcers are also focusing on the role competition laws play as (...)

The US DoJ charges two executives with conspiracy to rig bids and fix prices in the market for commercial flooring (Robert A. Patrey Jr. / Kenneth R. Smith)
US Department of Justice (Washington)
Two Commercial Flooring Executives Plead Guilty to Rigging Bids in Violation of Federal Antitrust Laws* Two commercial flooring executives, Robert A. Patrey Jr. and Kenneth R. Smith, pleaded guilty for their role in an antitrust conspiracy to rig bids and fix prices for commercial flooring (...)

The US DoJ charges extradited former automotive parts executive with for his role in an international market allocation and bid-rigging conspiracy involving the sale of instrument panel clusters to several automobile producers (Eun Soo Kim / Continental Automotive Korea)
US Department of Justice (Washington)
Extradited Former Automotive Parts Executive Pleads Guilty to Antitrust Charge* Fugitive for Nearly Five Years, Extradited to the United States and Pleads Guilty to Antitrust Conspiracy Eun Soo Kim, a former key accounts manager for Continental Automotive Korea Ltd. and a Korean national, was (...)

The US District Court for the Northern District of Georgia secures conviction against the extradited foreign executive for conspiring to rig bids and allocate the market for instrument panel clusters to automobile producers (Eun Soo Kim)
Morgan Lewis (Silicon Valley)
Korean national Eun Soo Kim, a former key accounts manager for an automotive parts company, pled guilty on March 3 in the US District Court for the Northern District of Georgia to conspiring to rig bids and allocate market for instrument panel clusters to automobile producers. Kim admitted to (...)

The US DoJ reaches deferred prosecution agreement with pharma company fined a record criminal penalty for a domestic antitrust case (Sandoz)
US Department of Justice (Washington)
Major Generic Pharmaceutical Company Admits to Antitrust Crimes: Sandoz Inc. Agrees to Pay a $195 Million Criminal Penalty, the Largest for a Domestic Antitrust Case* Sandoz Inc., a generic pharmaceutical company headquartered in New Jersey, was charged for conspiring to allocate customers, (...)

The US DoJ confirms it has opened multiple new criminal investigations with its Procurement Collusion Strike Force
Baker Botts (Washington)
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Baker Botts (Washington)
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Baker Botts (Washington)
A senior official at the U.S. Department of Justice (“DOJ”) recently confirmed that the Antitrust Division has opened multiple grand jury investigations in connection with the Procurement Collusion Strike Force (“Strike Force”) formed in November of last year. Speaking at a conference on February (...)

The US DoJ indicts a third individual for bid-rigging in online auctions for surplus government equipment (GSA Auctions / Alan Gaines)
Baker Botts (Washington)
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Baker Botts (Washington)
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Baker Botts (Washington)
On February 5, 2020, the Antitrust Division of the U.S. Department of Justice (“DOJ”) announced the indictment of a Missouri man – the third individual to be charged – for participation in a conspiracy to rig bids submitted to the General Services Administration (“GSA”) at online auctions for (...)

The US DoJ announces the formation of a "Procurement Collusion Strike Force"
Morgan Lewis (Philadelphia)
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Morgan Lewis (Washington)
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Morgan Lewis (Silicon Valley)
The US Department of Justice (DOJ) on November 5 announced the formation of the Procurement Collusion Strike Force (PCSF). This interagency initiative will “lead a coordinated national response to combat antitrust crimes and related schemes in government procurement, grant, and program funding (...)

The Mexican Competition Authority presents a criminal complaint against individuals who could have colluded in the sale of goods and services in the health sector
Mexican Competition Authority (Mexico City)
For the second time, COFECE presents criminal complaint against individuals that could have colluded in the sale of goods and services in the health sector* Mexico City, October 23, 2019.‐ Yesterday, the Federal Economic Competition Commission’s (COFECE or Commission) Investigative Authority (...)

The Australian Director of Public Prosecutions brings criminal charges against a former general manager for obstructing an Australian Competition Authority’s cartel investigation (BlueScope)
Bird & Bird (Sydney)
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Bird & Bird (Sydney)
In our August update , we discussed the proceedings that had been commenced by the Australian Competition and Consumer Commission (ACCC) in the Federal Court of Australia against BlueScope Steel Limited (BlueScope) and its former General Manager of Sales and Marketing, Mr Jason Ellis, for (...)

The Australian Competition Authority starts proceedings in the Federal Court against a steel manufacturer and a general manager for alleged cartel conduct (BlueScope)
Bird & Bird (Sydney)
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Bird & Bird (Sydney)
In August 2019, Australia’s competition regulator, the Australian Competition and Consumer Commission ("ACCC") commenced proceedings in the Federal Court of Australia against BlueScope Steel Limited ("BlueScope") and its former General Manager of Sales and Marketing, Mr Jason Ellis, for alleged (...)

The Australian Federal Court imposes a record fine on a shipping company guilty of cartel conduct due to the length, serious nature, and economic importance of the market (Kawasaki Kisen Kaisha)
Herbert Smith Freehills (Melbourne)
Kawasaki Kisen Kaisha Ltd (K-Line) has received the largest criminal fine imposed under the Competition and Consumer Act, after pleading guilty to criminal cartel conduct in 2018. Justice Wigney of the Federal Court stated that the penalty “should send a powerful message to multinational (...)

The US DoJ Antitrust Division enters into a rare deferred prosecution agreement, and a first one with a company that is not a bank (Heritage Pharmaceuticals)
Baker Botts (San Francisco)
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Baker Botts (Washington)
The Department of Justice (DOJ) routinely relies on deferred prosecution agreements (DPAs) and non-prosecution agreements (NPAs) to resolve corporate criminal investigations. Since 2004, the DOJ has entered into an average of 33 such agreements per year. These agreements allow companies to (...)

The Estonian Competition Authority opens criminal proceedings to investigate a possible restriction of competition in the agricultural equipment market
Estonian Competition Authority (Tallinn)
Authority conducts criminal proceedings for investigating a possible restriction of competition in companies selling agricultural equipment* In the framework of a criminal case concerning a possible restriction of competition, the Competition Authority carried out searches at the premises of (...)

The Indian High Court in Delhi interprets national Competition Act which criminalises non-compliance with directions or orders (Rajasthan Cylinders)
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
In March 2019, the Delhi High Court interpreted Section 42(3) of the Competition Act, which criminalises non-compliance with orders or directions, to cover directions issued by the Director General (DG). [1] The High Court also rejected arguments that to allow criminal proceedings under (...)

The Jerusalem District Court sentences to imprisonment a member of a tree-pruning cartel following a joint investigation of the Competition Authority and the National Fraud Investigations Unit (Zohar Katz)
Israel Competition Authority (Jerusalem)
The Jerusalem District Court sentenced a member of the tree-pruning cartel to 11 months’ imprisonment* The Jerusalem District Court (Judge A. Rubin) sentenced today (Wed.) the defendant Zohar Katz to 11 months’ imprisonment, a fine of NIS 100,000 and forfeiture of an additional sum of NIS (...)

The Danish City Court of Hillerød fines two members of the management of a now-dissolved demolition company for bid-rigging
Danish Competition and Consumer Authority (Copenhagen)
Denmark: Two members of the management in now dissolved demolition company fined DKK 300.000 each in bid rigging case* The City Court of Hillerød has fined two members of the management in a now dissolved demolition company DKK 300.000 each for having participated in cartel agreements in the (...)

The Canadian Competition Authority and the Public Prosecution Service revise immunity and leniency programs
Norton Rose Fulbright (Toronto)
Competition Bureau’s new “disclosure first” immunity and leniency programs take effect* Antitrust and competition On September 27 the Competition Bureau (the Bureau) and the Public Prosecution Service of Canada (PPSC) launchedrevised immunity and leniency programs in relation to investigating (...)

The Irish Court of Criminal Appeal increases a fine imposed on a former director for bid-rigging (Aston Carpets & Flooring)
Irish Competition Authority (Dublin)
Former director fined €45,000 for bid-rigging tenders* The Court of Criminal Appeal today increased a fine handed down to a former director, Brendan Smith, for engaging in bid-rigging in the procurement of flooring contracts. Mr Smith, who is a former director of Aston Carpets & Flooring, (...)

The Irish Court of Appeal increases the fine imposed by the Irish Competition Authority on a company for bid-rigging (Aston Carpets)
Matheson (Dublin)
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Matheson (Dublin)
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Matheson (Dublin)
Summary In this case update, we discuss a 2019 criminal enforcement case in Ireland brought by the Competition and Consumer Protection Commission (the “CCPC”) in conjunction with the Director of Public Prosecutions (the “DPP”), in relation to breaches of substantive competition law under the (...)

The Irish Court of Appeal increases criminal fine imposed on an individual director/manager for bid rigging (Aston Carpets & Flooring)
University Dublin College (UCD)
On June 20th 2018, the Irish Court of Appeal, reviewed the sentences imposed by the Central Criminal Court in 2017 on firstly, a company (Aston) and, secondly, an individual (Mr Smith) who was a director and manager of the company following their criminal convictions for having engaged in (...)

The Irish Court of Appeal increases the fine imposed by the Central Criminal Court in its first bid-rigging criminal cartel case (Aston Carpets & Flooring)
Trinity College Dublin
SENTENCING IN CRIMINAL BIG RIGGING IN IRELAND: THE COMMERCIAL FLOORING CARTEL* I. Introduction 1 On 20 June 2018 the Court of Appeal (the Court) in Ireland’s first bid rigging criminal cartel case increased the fine imposed by the Central Criminal Court (CCC) on Brendan Smith (Smith) from (...)

The US DoJ indicts the CEO of a seafood company on price-fixing charges (Bumble Bee Foods)
Jones Day (San Francisco)
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Jones Day (Los Angeles)
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Jones Day (Washington)
The U.S. Department of Justice indicted Bumble Bee Foods CEO Christopher Lischewski on price-fixing charges. Lischewski is the first CEO to be charged for his role in the alleged U.S. conspiracy to fix the price of packaged seafood. The Northern District of California grand jury indictment (...)

The UK Competition Authority disqualifies two company directors for their roles in price-fixing cartel (Abbott / Frost)
Freshfields Bruckhaus Deringer (London)
The UK Competition and Markets Authority (the ’CMA’) has secured the disqualification of two directors following an investigation into a cartel agreement by six estate agencies in the Burnham-on-Sea area to fix the minimum level of commission fees for the provision of traditional residential (...)

The US District Court for the Northern District of California renders a criminal sentence to a real estate investor for bid-rigging (Michael Marr)
Baker Botts (Washington)
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Baker Botts (Washington)
On March 21, 2018, the Chief Judge for the United States District Court for the Northern District of California sentenced Michael Marr to serve 30 months in federal prison and pay $1.4 million for his conviction on bid-rigging in violation of the Sherman Act, 15 U.S.C. § 1. Marr was indicted in (...)

The US DOJ announces that an e-commerce company and its president have agreed to plead guilty to participating in a price-fixing conspiracy (Zaappaaz)
Jones Day (San Francisco)
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Farmer Brownstein Jaeger (San Francisco)
Background Texas-based e-commerce company Zaappaaz, Inc.—doing business as WB Promotions, Inc., Wrist-Band.com, and Customlanyard.net—and its president both agreed to plead guilty to conspiring to fix prices for customized promotional products sold online in the United States, including (...)

The US District Court for the Southern District of Texas files an information due to conspiracy to fix the prices in the silicone wristbands and lanyards sector (Zaappaaz)
McDermott Will & Emery (Washington)
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McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Dusseldorf)
Azim Makanojiya founded Zaappaaz Inc. as a nineteen-year-old university student and quickly turned it into a multi-million dollar business. WHAT HAPPENED: On Tuesday, August 7, online retailer Zaappaaz Inc. and its twenty-nine-year-old president and founder, Azim Makanojiya, agreed to plead (...)

The Australian Federal Court issues its first criminal cartel prosecution and fines a global shipping company for fixing freight rates, bid rigging and customer allocation affecting the importation of ten major vehicle brands (Nippon Yusen Kabushiki Kaisha)
Ashurst (Sydney)
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Ashurst (Sydney)
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Ashurst (Brisbane)
What you need to know This is the first prosecution under Australia’s criminal cartel provisions since their introduction in 2009. In a landmark decision, the global Japanese shipping company, Nippon Yusen Kabushiki Kaisha (NYK) has been fined A$25 million for its involvement in "deliberate, (...)

The Irish Central Criminal Court fines a company executive for his participation in a cartel and imposes a suspended prison sentence (Aston Carpets)
McCann FitzGerald (Dublin)
Ireland - Hard-core cartel offender gets €7,500 fine and suspended sentence* Following a guilty plea to criminal bid-rigging and obstruction charges, a company director was fined €7,500 by an Irish judge on 31 May and sentenced to three months’ imprisonment (suspended – meaning no jail time). (...)

The US DoJ charges two senior vice presidents company for price fixing of shelf-stable tuna fish (Bumble Bee Foods)
Mc Dermott Will & Emery (Irvine)
Bumble Bee Foods, and two of its senior vice presidents, have recently pled guilty to US Department of Justice (DOJ) charges that they engaged in a conspiracy to fix prices of shelf-stable tuna fish sold in the United States from 2011 to 2013. Bumble Bee agreed to pay a $25 million criminal (...)

The UK Competition Authority obtains a novel "disqualification undertaking" for a managing director of online poster suppliers on the basis that an undertaking agreed not to act as a director of a UK company for 5 years (Mr Aston)
Peters & Peters (London)
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Peters & Peters (London)
An easier route to individual liability for cartel conduct?* On 1 December 2016, the UK Competition and Markets Authority (“CMA”) obtained a novel “disqualification undertaking” from Daniel Aston, the managing director of online poster supplier Trod Limited, whereby Mr Aston agreed not to act as a (...)

The US DoJ and FTC issue guidance signalling that they will bring enforcement actions for wage-fixing and no-poaching agreements under federal antitrust law
Morgan Lewis (Silicon Valley)
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Morgan Lewis (Washington)
The DOJ will now treat wage-fixing and no-poaching agreements criminally. On October 20, the US Department of Justice (DOJ) and Federal Trade Commission (FTC) issued guidance (the Guidance) signaling that they will bring enforcement actions for wage-fixing and no-poaching agreements under (...)

The Zambian Competition Authority conducts dawn raids as part of an investigation into the alleged fixing of maize and flour prices (Millers Association)
Primerio (Washington)
Zambia: Competition Authority conducts dawn raids in the maize milling industry* ZNBC reported on 30 October 2015 that the Zambian Competition and Consumer Protection Commission (CCPC) conducted dawn raids on three milling companies, namely National Milling Corporation, Superior Milling (...)

The UK Crown Court sentences an individual who pled guilty to a criminal cartel offence (Peter Nigel Snee)
Crowell & Moring (London)
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Simmons & Simmons (London)
Director that pleaded guilty to the cartel offence in the galvanised steel water tank cartel has received a six month suspended sentence after his co-accuseds were acquitted. In brief On 14 September 2015, the UK Competition and Markets Authority (CMA) announced that an individual had been (...)

The Swaziland Competition Authority imposes administrative fines on parties in the agriculture sector without any specific provisions providing for it (Eagles Nest)
Wallonia-Brussels Trade Commission - AWEX (Johannesburg)
The Swaziland Competition Commission power to impose administrative fines under spotlight* On Tuesday 14 July 2015, the Swaziland Competition Commission (the “SCC”) Board heard the substantive issues related to the anticompetitive behavior of Eagles Nest and Usuthu Poultry Farm (the “Parties”). (...)

The Moscow Arbitration Appeal Court confirms the Russian Competition Authority’s decision against a cartel of suppliers of rehabilitation means for the disabled (April)
Russian Federal Antimonopoly Service (Moscow)
Appeal Court confirmed the FAS decision on a cartel of suppliers of rehabilitation means for the disabled* The 9th Arbitration Appeal Court in Moscow dismissed the appeal of “Regional Centre for Rehabilitation Means” Ltd. (“KTsSR” Ltd.), “April” Ltd., “Predgorie Kavkaza” Ltd. on invalidating the FAS (...)

The US Supreme Court declines an appeal for two related antitrust cases involving an international price-fixing cartel (Motorola / AU Optronics)
Womble Bond Dickinson (Washington)
Motorola and the Extraterritorial Application of US Antitrust Laws to Foreign Component Price Fixing Cartels* Last month the Supreme Court declined to accept an appeal for two related antitrust cases involving an international price-fixing cartel. The cases come from different circuits, one (...)

The US DoJ receives five parent-level guilty pleas for conspiring to manipulate foreign-currency markets from financial institutions (Citicorp / JPMorgan Chase / Barclays / RBS / UBS)
Porter Wright Morris & Arthur (Columbus)
World’s top banks plead guilty to gaming foreign-currency markets* Scandal roiled the banking industry Wednesday as four of the world’s largest banks — Citigroup, JPMorgan Chase, Barclays and Royal Bank of Scotland — pleaded guilty to federal antitrust violations for conspiring to manipulate (...)

The Russian Competition Authority exposes the novelties concerning criminal liability for cartels
Russian Federal Antimonopoly Service (Moscow)
Novelties in criminal liability for cartels* On 19 May 2015, Deputy Head of the Anti-Cartel Department of the Federal Antimonopoly Service (FAS Russia), Andrey Filimonov, took part in the Round Table on the “Pressing Issues of Qualifying Economic Crimes and Abuses of Office”. The Round Table (...)

The US DoJ announces first criminal prosecution against a conspiracy specifically targeting e-commerce (Topkins)
Siemens (New York)
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Patterson Belknap Webb & Tyler (New York)
First E-commerce Price Fixing Prosecution Yields Swift Guilty Plea* In what it is calling the Antitrust Division’s “first criminal prosecution against a conspiracy specifically targeting e-commerce,” the Department of Justice has announced that an individual has agreed to plead guilty to charges (...)

The Ontario Superior Court of Justice finds nine defendants not guilty on 60 charges of bid-rigging and conspiracy to rig bids (Durward)
Stikeman Elliott (Ottawa)
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Stikeman Elliott (Ottawa)
Canada’s Competition Bureau loses major bid-rigging case: 60 not guilty verdicts* In a further blow to the track record of the Competition Bureau and the Public Prosecution Service of Canada in contested criminal trials, on April 27, 2015, a jury in the Ontario Superior Court of Justice found (...)

The Russian President signs an amendment introducing changes to the Criminal Code on antitrust violations
Siemens (New York)
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Patterson Belknap Webb & Tyler (New York)
Russia Amends Criminal Code on Antitrust Violations* Russia has amended its criminal code on cartels, signaling a major change in antitrust law enforcement. On March 8, 2015, President Vladimir Putin signed a Federal Law “introducing changes to Article 178 of the Criminal Code of the Russian (...)

The Ontario Superior Court of Justice holds that information received by the Competition Authority at the proffer stage of its immunity and leniency programs is not protected from disclosure to other accused persons by settlement privilege (Nestlé Canada)
TSMC (San Francisco)
Proffers to Competition Bureau must be disclosed to accused, court says* Information received by the Competition Bureau at the proffer stage of its Immunity and Leniency Programs is not protected from disclosure to other accused persons by settlement privilege, the Ontario Superior Court of (...)

The Irish Competition Authority revises its cartel immunity program
European Investment Bank (Luxembourg)
Introduction Given the immense social, economic and personal damage caused by the covering-up of crimes by Irish institutions, there is a remarkable reluctance in Irish society to provide systematic protection to whistle-blowers and persons willing to come forward to ensure offences are (...)

The US District Court for the Northern District of Ohio approves a plea agreement from a sales manager that conspired to fix prices of automotive hoses (Horie of Toyoda Gosei)
McDermott Will & Emery (Washington)
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McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Dusseldorf)
FORMER TOYODA GOSEI EXECUTIVE PLEADS GUILTY TO PRICE-FIXING, BID-RIGGING* On January 6, 2015, Makoto Horie of Toyoda Gosei North America pled guilty to the United States Department of Justice (DOJ) for conspiring to fix the prices of automotive hoses sold to U.S. companies. Mr. Horie was (...)

The Israeli Ministry of Justice publishes a bill regarding an amendment to the Penal Code on the criminal responsibility of corporations
B.Golan Law Firm (Tel Aviv)
Criminal offence for foreign corporations failing to supervise antitrust violations In November 2014, the Israeli Ministry of Justice has published a bill regarding an amendment to the Penal Code (Criminal Responsibility of Corporations), 2014 (" the Bill"). Among others, the Bill updates the (...)

The US DoJ secures a second plea deal with a member of the international shipping cartel for roll-on, roll-off cargo (Kawasaki Kisen Kaisha)
McDermott Will & Emery (Washington)
On September 26, 2014 Japanese transportation company Kawasaki Kisen Kaisha Ltd. (K-Line) agreed to plead guilty to price fixing, bid rigging and allocating customers for international ocean shipping services for “roll-on, roll-off” cargo. K-Line will be fined $67.7 million. Roll-on, roll-off (...)

The Russian Competition Authority welcomes a construction cartel verdict coming into force (Novgorodavtodor)
Russian Federal Antimonopoly Service (Moscow)
A verdict on a cartel participant came into force* A guilty verdict passed by Novgorod District Court on 14th May 2014 for creating a cartel came into force. A founder and director of “Novomost-53” Ltd., Vyacheslav Somoilov, is found guilty in committing several violations, in particular, under (...)

The US Sentencing Commission looks at changing guidelines in antitrust
Compliance Strategists (New York)
The US Sentencing Commission in a public notice has indicated it may make reform of the guidelines for antitrust crimes a priority this year, 79 Fed. Reg. 31409 (June 2, 2014). I believe the Commission should take action to affirm the importance of antitrust compliance programs as an essential (...)

The Danish Public Prosecutor settles charges of cartel law violations including allocation of costs and bid-rigging in the construction industry (Hansen & Søn)
Danish Competition and Consumer Authority (Copenhagen)
Denmark: ”Construction company pays fine in settlement for bid rigging – first case closed in construction industry cartel”* On 14 July 2014, the company N.H. Hansen & Søn (a Danish construction company) entered into a settlement with the Danish Public Prosecutor for Serious Economic and (...)

The UK Southwark Crown Court allows reporting of the fact that at an earlier hearing the accused pleaded guilty to the charge of criminal cartel offence (Peter Nigel Snee)
University of East Anglia (Norwich)
Article published on Centre for Competition Policy blog. The First Real Test of Sentencing for the UK Cartel Offence* A former managing director charged with the UK’s cartel offence has pleaded guilty to the criminal offence of price fixing. Peter Nigel Snee pleaded guilty to fixing the price (...)

The US District Court for the District of Puerto Rico acquits shipping company’s former vice president of charges of conspiring with rivals to fix the prices (Crowley Liner Services)
Paul Weiss (Washington)
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Paul Weiss (Washington)
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Paul Weiss (Washington)
This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. A federal jury’s recent acquittal of a shipping company executive charged with price fixing highlights the challenges and uncertainties the Antitrust Division of (...)

The Canadian Competition Authority announces criminal charges for involvement in an illegal bid-rigging arrangement relating to the provision of IT services (Library and Archives Canada)
Steve Szentesi Law Corporation (Vancouver)
Bid-rigging Cases: Competition Bureau Charges IT Company, 6 Individuals in IT Bid-rigging Case* The Canadian Competition Bureau (Bureau) announced earlier on 2 May 2014 that criminal charges have been laid in a federal government IT contract-related bid-rigging case. According to the Bureau, (...)

The Canadian Competition Authority announces that a corporation and two individuals have pleaded guilty to price-fixing in relation to an ocean freight cartel (ECU Line Canada)
Steve Szentesi Law Corporation (Vancouver)
Guilty Pleas in Ocean Freight Price-Fixing Cartel, Bureau Begins Promoting New Compliance Materials Earlier today, the Competition Bureau announced that one company and two individuals have pleaded guilty to price-fixing under the Competition Act in relation to an ocean freight cartel (see: (...)

The US DoJ obtains the first extradition of an executive on a charge of cartel participation (Marine Hose)
Jones Day (Los Angeles)
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Jones Day (Washington)
U.S. DOJ Obtains First-Ever Extradition on Antitrust Charge* On April 4, 2014, the U.S. Department of Justice (“DOJ”) announced its first successful extradition to the United States on an antitrust charge. Romano Pisciotti, an Italian national and a former executive with Parker ITR Srl, was (...)

The US DoJ obtains the extradition of an Italian citizen from Germany to the US on a charge of participation in a price fixing cartel (Marine Hose)
US Department of Justice (Washington)
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Primerio (Washington)
Executives Beware: The Long-Arm of the U.S. Government Strikes Again* The long-arm of the U.S. government and its increasing willingness to pursue foreign nationals for alleged violations of U.S. law was further in evidence last Friday when the Antitrust Division of the U.S. Justice Department (...)

The US DoJ announces successful litigation of its first extradition for an alleged involvement with the marine hose cartel (Romano Pisciotti)
Sterlington
What Does the First-Ever Extradition on an Antitrust Charge Mean for the Auto Parts Investigation?* On April 4, 2014, the U.S. Department of Justice, Antitrust Division announced a milestone victory, having successfully litigated its first extradition for an alleged antitrust violation. Romano (...)

The US DoJ forms new criminal antitrust “strike force” focused on investigating price-fixing and bid-rigging for government contracts
Baker Botts (Washington)
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Baker Botts (Washington)
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Baker Botts (Washington)
On November 5, 2019, the U.S. Department of Justice (“DOJ”) announced the creation of a new “strike force” designed to combat criminal antitrust violations in the government procurement process. The newly-formed Procurement Collusion Strike Force (“PCSF”) will include prosecutors from DOJ’s (...)

Dominance

The US DoJ announces that a ready-mix concrete company admitted to fixing prices and rigging bids (Argos USA)
US Department of Justice (Washington)
Ready-Mix Concrete Company Admits to Fixing Prices and Rigging Bids in Violation of Antitrust Laws* Argos USA LLC, a producer and seller of ready-mix concrete headquartered in Alpharetta, Georgia, was charged with participating in a conspiracy to fix prices, rig bids, and allocate markets for (...)

The Canadian Competition Authority fines an engineering firm $3.2 million for bid-rigging on municipal infrastructure contracts (CIMA+)
Canadian Competition Bureau (Gatineau)
CIMA+ to pay $3.2 million in latest Québec bid-rigging settlement* Competition Bureau investigation has led to more than $12M in payments by six colluding firms Engineering firm CIMA+ has been ordered to pay $3.2 million over the next four years for bid-rigging on municipal infrastructure (...)

The Cairo Economic Court upholds the recommendation of the Egyptian Competition Authority and fines a TV broadcasting company for abusive bundling of international football events (Nasser Al-Khulaifi / beIN Media)
Fingleton (London)
The Cairo Economic Court upholds the recommendation of the Egyptian Competition Agency and fines a TV broadcasting company for abusive bundling of international football events (Nasser Al-Khulaifi / beIN Media) On 29th January 2018 the Cairo Economic Court found that beIN had abused its (...)

The Canadian Competition Authority submits a draft of its upcoming intellectual enforcement property guidelines for public comment
U.S. Court of Appeals for the District of Columbia Circuit (Washington DC)
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George Mason University (Fairfax)
Comments of U.S. Federal Trade Commissionner Joshua D. Wright and Judge Douglas H. Ginsburg on the Canadian Competition Bureau’s draft updated intellectual property enforcement guidelines* This comment is submitted in response to the Canadian Competition Bureau’s (the Bureau’s) draft stage 2 (...)

Mergers

The Irish Competition Authority uses criminal sanctions against companies for gun jumping (Armalou / Airfield)
Matheson (Dublin)
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Matheson (Dublin)
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Matheson (Dublin)
Summary In this case update, we discuss a 2019 criminal enforcement case in Ireland brought by the Competition and Consumer Protection Commission (the “CCPC”) in conjunction with the Director of Public Prosecutions (the “DPP”), in relation to breaches of procedural merger control law under the (...)

The Irish District Court in Dublin imposes a small charitable donation as punishment on a motor company which pled guilty in the country’s first criminal prosecution of gun jumping (Armalou Holdings)
McCann FitzGerald (Brussels)
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McCann FitzGerald (Dublin)
A small charitable donation for gun-jumping* After an 18 month investigation involving officials from both the Competition and Consumer Protection Commission (“CCPC”) and Ireland’s Director of Public Prosecution, and a first-ever criminal prosecution, a company that gun-jumped Irish merger (...)

The US DoJ decides to criminally charge a former company vice president and director for concealing and attempting to destroy documents in the context of a joint venture investigation (Ralph Groen)
McDermott Will & Emery (Washington)
On October 14, 2016, former vice president and director of information technology of Coach USA, Inc. (Coach), Ralph Groen, entered a guilty plea for concealing and attempting to destroy documents and giving false and misleading statements under oath in a deposition during the US Department of (...)

The Danish Competition Authority refers to its first gun-jumping case to the public prosecutor (EY / KPMG)
Gorrissen Federspiel (Copenhagen)
First Danish gun jumping case referred to the public prosecutor* On 11 June 2015 the Danish Competition and Consumer Authority (DCCA) reported Ernst & Young Europe LLP (EY) to the public prosecutor for pre-implementing the merger with the former Danish KPMG member firm (KPMG Denmark). EY (...)

The Ontario Superior Court of Justice clarifies the Canadian Competition Authority disclosure obligations in cartel prosecutions (Nestlé Canada)
Davies Ward Phillips & Vineberg (Toronto)
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Davies Ward Phillips & Vineberg (Toronto)
Canadian Court Clarifies Competition Bureau Disclosure Obligations in Cartel Prosecutions* On February 4, 2015, the Ontario Superior Court of Justice ruled that relevant factual information proffered to the Crown in order to qualify for immunity or leniency under the Competition Bureau’s cartel (...)

The Danish Competition Authority requests criminal indictment for withholding in a merger assessment (Metro Cash & Carry)
Gorrissen Federspiel (Copenhagen)
METRO Cash & Carry risks fine in Danish merger case* The Danish Competition and Consumer Authority (DCCA) has reported METRO Cash & Carry (METRO) to the State Prosecutor for Serious Economic and International Crime for failing to submit relevant information regarding a notified merger. (...)

The Danish Competition Authority holds that companies have pre-implemented a merger under scrutiny, leading to the first case of gun jumping (EY / KPMG)
Gorrissen Federspiel (Copenhagen)
First case on gun jumping in Denmark* By terminating the agreement with KPMG International on the day of signing an agreement to join EY, KPMG Denmark pre-implemented the merger between KPMG Denmark and EY that the Danish Competition and Consumer Authority (DCCA) ruled in December 2014. It is (...)

The District Court of Jerusalem condemns a former CEO for actual imprisonment time (Mr. Roznhoiz / Mr. Gidor / Supersal)
B.Golan Law Firm (Tel Aviv)
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B.Golan Law Firm (Tel Aviv)
Recently, the District Court of Jerusalem has sentenced the former CEO of the largest supermarket chain in Israel for actual imprisonment time. This verdict is very significant and is most likely to be a mile stone in the evolution of sanctioning for violations of antitrust law. It is (...)

The Irish Parliament Committee on Jobs, Enterprise and Innovation debates on amendments proposed with a view to adopting the Competition and Consumer Protection Bill 2014
McCann FitzGerald (Dublin)
If it Ain’t Broke, Fix it: Ireland’s Competition Law, Version 2014* It took five years to draft. But now everything’s go!-go!-go! First published late spring 2014, Ireland’s newest competition law reform could be adopted by July. And though planning was long and time for debate is now short, last (...)

Procedures

The French Constitutional Council declares unconstitutional a provision of the Commercial Code that provides an administrative penalty in the case of obstructive practices to an investigation, as an existing criminal provision sanctions the same conduct (Akka Technologies)
Addleshaw Goddard (Paris)
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Ashurst (Paris)
On 26 March 2021, the French Constitutional Council ruled that, insofar as a criminal provision sanctions the same conduct, the provision of the Commercial Code imposing a fine (being up to 1% of the undertaking’s annual turnover) for obstructive practices to an investigation is (...)

The US Congress passes federal protections for whistleblowers who report criminal antitrust violations
Morgan Lewis (New York)
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Morgan Lewis (Boston)
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Morgan Lewis (Silicon Valley)
The Criminal Antitrust Anti-Retaliation Act establishes new federal protections for whistleblowers who report violations of antitrust laws. This may impact enforcement efforts and litigation on labor mobility issues, including no-poaching and wage-fixing agreements. Companies can prepare for (...)

The US Congress passes legislation that aims to protect whistleblowers who come forward with information on criminal antitrust violations
Robert Connolly Law (Palm Springs)
House Passes Antitrust Whistleblower Protections Authored by Senators Grassley, Leahy* Congratulations to Senator Chuck Grassley and Patrick Leahy for the passage in the House of Representatives of their bipartisan legislation that has already passed the Senate that aims to protect (...)

The US DoJ signs a memorandum of understanding with Korean prosecution service to promote increased cooperation and communication on criminal antitrust enforcement and policy in both countries
US Department of Justice (Washington)
Justice Department Signs Antitrust Memorandum of Understanding with Korean Prosecution Service* Yesterday, the Department of Justice signed an antitrust Memorandum of Understanding (MOU) with the Korean Prosecution Service (KPS). The MOU is designed to promote increased cooperation and (...)

The US DoJ announces updates to civil investigative demand forms and deposition process
Dechert (Philadelphia)
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Dechert (Washington)
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Dechert (Philadelphia)
The DOJ’s Antitrust Division announced updates late last week to its Civil Investigative Demand (CID) form, explicitly codifying it intent to potentially use materials received in response to CIDs to launch secondary investigations or refer matters to other government enforcement authorities or (...)

The US Congress approves the renewal and permanent extension of the Antitrust Criminal Penalty Enhancement and Reform Act
Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (New York)
On June 25, 2020, Congress approved the renewal and permanent extension of the Antitrust Criminal Penalty Enhancement and Reform Act (ACPERA or “the Act”), which limits the civil damages exposure of companies that cooperate with the Department of Justice (DOJ) in selfreporting their own (...)

The US DoJ welcomes the Congressional reauthorization of the antitrust criminal penalty enhancement and reform act
US Department of Justice (Washington)
Department of Justice Applauds Congressional Passage Of Reauthorization Of The Antitrust Criminal Penalty Enhancement And Reform Act* On June 25, the U.S. House of Representatives and Senate passed identical bills, H.R. 7036 and S. 3377, to repeal the sunset provision of the Antitrust Criminal (...)

The Turkish Constitutional Court rules that the principle of legality of crimes and punishments violated with respect to determination of administrative fine by the Competition Authority (Onmed)
ACTECON (Istanbul)
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ACTECON (Istanbul)
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ACTECON (Istanbul)
Introduction On 30 September 2020, the Constitutional Court’s long-awaited decision as regards the controversies arisen from the application of the most favorable law in competition law cases was announced in the Turkish Official Gazette. This decision appears to be a crucial one as it is the (...)

The US DoJ convicts a foreign executive following extradition proceedings for price fixing (Ullings)
Morgan Lewis (Silicon Valley)
Dutch national Maria Christina “Meta” Ullings was extradited from Italy to the United States on January 10. Ullings previously served as the senior vice president of cargo sales and marketing for Martinair N.V. (Martinair Cargo). On September 21, 2010, Ullings was originally charged in a public, (...)

The US DoJ holds a workshop addressing labour competition issues including "no-poach" agreements between companies
Baker Botts (Houston)
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Baker Botts (Houston)
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Baker Botts (Houston)
A senior Department of Justice (DOJ) official recently remarked that the number of "no-poach" agreements between companies — which can include agreements not to solicit or hire a competitor’s employees — in apparent contradiction of DOJ and Federal Trade Commission (FTC) guidance was "shocking" (...)

The Canadian Competition Authority and the Public Prosecution Service jointly launch revised immunity and leniency programs
Cassels Brock (Toronto)
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Cassels Brock (Toronto)
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Cassels Brock (Toronto)
It used to be the best deal in town: participants in criminal price-fixing conspiracies could approach the Competition Bureau and receive either complete immunity or leniency in exchange for ratting out their co-conspirators. The Bureau and the Public Prosecution Service of Canada (PPSC) still (...)

The OECD holds a roundtable on competition and sanctions in antitrust cases
OECD - Competition Division (Paris)
Competition authorities have imposed substantial fines for competition law violations over the last few decades. Several common steps are observed in setting fines: (i) determination of basic fine; (ii) adjustments (including aggravating and mitigating circumstances); (iii) comparisons to (...)

The US DoJ and the FTC publish competition law compliance guidelines aimed at HR professionals involved in recruitment and remuneration decisions for their firms
Simmons & Simmons (London)
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Herbert Smith Freehills (Hong Kong)
In October, the US competition authorities (the Department of Justice (DOJ) and the Federal Trade Commission (FTC)) published competition law compliance guidelines aimed at HR professionals involved in recruitment and remuneration decisions for their firms (the US Guidelines). This development (...)

The South African Minister of Economic Development announces the entry into force of new amendments to the Competition Act introducing criminal liability for cartel conduct
Norton Rose Fulbright (Johannesburg)
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Norton Rose Fulbright (Johannesburg)
For the first time in South Africa, directors and managers will face jail time for participation in a cartel. Minister Patel announced yesterday that the amendments to the Competition Act which introduce criminal liability for cartel conduct will come into effect from 1 May 2016. The amendment (...)

The German Regional Court of Berlin refers the extradition of an Italian citizen from Germany to the United States for cartel charges to the EU Court of Justice to rule on whether Member State extradition can violate the principle of non-discrimination under EU law (Romano Pisciotti)
European Commission (Brussels)
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Hogan Lovells (Munich)
On 18 March 2016, the Regional Court of Berlin (RC Berlin) in Romano Pisciotti v. Federal Republic of Germany referred four questions to the European Court of Justice to seek guidance on whether Mr Pisciotti could argue that he had suffered discrimination and claim compensation from the German (...)

The German Regional Court of Berlin refers to questions on extradition discrimination to the EU Court of Justice in the case of the first business executive extradited to the USA on cartel charges (Romano Pisciotti)
Norton Rose Fulbright (Brussels)
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United Kingdom’s Competition Authority - CMA (London)
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Crowell & Moring (Washington)
CJEU TO RULE ON EXTRADITION OF EU CITIZENS IN CRIMINAL ANTITRUST PROCEEDINGS The first European citizen to be extradited from Europe to the United States for criminal antitrust conduct recently succeeded in having a Berlin court refer the matter of his extradition to the Court of Justice of (...)

The OECD issues a report recommending several improvements in the framework and procedures for Danish competition cases
Danish Competition and Consumer Authority (Copenhagen)
The OECD recommends improvements in framework and procedures for Danish competition cases* A very thorough examination of Danish competition policy and of the work of the Danish competition authorities has resulted in recognition of the authority and in recommendations concerning the Danish (...)

The Danish Parliament adopts the latest amendments to the Competition Act
Gorrissen Federspiel (Copenhagen)
Amendments to the Danish Competition Act come into effect* In December 2014 the Danish Parliament passed the latest amendments to the Danish Competition Act. Furthermore, just a few weeks back the Parliament also passed the amendment making merger filing in the Danish telecoms sector more or (...)

The US Congress passes a bill that would protect employees who report suspected criminal antitrust activity to their employer or the federal government from workplace retaliation
Wolters Kluwer (Riverwoods)
Antitrust Whistleblowers Get Another Shot at Federal Protection from Retaliation by Employers* A bill is advancing through the U.S. Senate that would protect employees who report suspected criminal antitrust activity to their employer or the federal government from workplace retaliation. The (...)

The Romanian Parliament amends the national competition act
European Commission (Brussels)
Romania: Recent Developments in Competition Legal Framework* At the end of July 2014, Romanian Competition Law no. 21/1996 was amended to enhance the decision- making powers of the competition authority. The new provisions concern the quorum requirements and representation of board members (...)

The Ontario Superior Court of Justice holds the presumption that possession of documents, persons, or firms implies knowledge of their contents is unconstitutional in a criminal context (Marina Durward / Devon Group / Spearhead Management / TPG Technology Consulting)
McMillan (Toronto)
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McMillan (Toronto)
Canadian Cartel News – Volume 5 – One Place Where Possession is not Nine Tenths of the Law* Section 69(2) of the Competition Act provides that, by possessing documents, persons and firms are deemed to know their contents and to have done what the documents say was done. Particularly in the era (...)

The Finnish Competition Authority and the Ministry of Employment and the Economy examine a report on the desirability of introducing criminal sanctions for cartel activities
Finnish Competition and Consumer Authority (Helsinki)
Report on the Criminalisation of Cartels was Presented to Stakeholders* Yesterday, the Ministry of Employment and the Economy (MEE) and the Finnish Competition and Consumer Authority (FCCA) organised at the House of the Estates an expert seminar presenting the report on extending personal (...)

The Canadian Court of Appeal in Vancouver dismisses an appeal against extradition to the USA for a trial on bid-rigging, fraud, conspiracy and kick-back charges (Bennett)
Cassels Brock (Toronto)
US Obtains First Ever Extradition from Canada on Antitrust Charges* Canadian businessman John Bennett will be extradited to the US face bid-rigging, fraud, conspiracy, and kick-back charges, the BC Court of Appeal held recently. The charges stem from a bid by the company he founded, Bennett (...)

The US DoJ announces a successfully litigated extradition on an antitrust charge against a participant in a conspiracy to suppress and eliminate competition by rigging bids, fixing prices and allocating market shares for sales of marine hose worldwide (Marine Hose)
Primerio (Washington)
From DOJ: First-Ever Pure Antitrust Extradition* In what may well affect African and other international price-fixers going forward, the spectre of U.S. extradition for criminal antitrust charges has been reinforced by the recent successful DOJ extradition request in the “Marine Hose” cartel. (...)

The US DoJ announces first successful extradition based on antitrust charges (Romano Pisciotti)
Dechert (Brussels)
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Paul Weiss (Washington)
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Paul Weiss (Washington)
This article has been nominated for the 2015 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On Friday, April 4, 2014, the United States Department of Justice Antitrust Division (“DOJ”) announced that, for the first time ever, the DOJ successfully (...)

Regulations

The UK Parliament receives Royal Assent for the National Security and Investment Act
Ashurst (London)
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Ashurst (London)
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Ashurst (London)
Introduction A new national security new regime On 29 April 2021, the UK National Security and Investment Act ("Act") received Royal Assent. When brought into force, which is not expected until late 2021, the Act will significantly strengthen the UK Government’s powers to investigate and (...)

The German Government further tightens its national foreign direct investment screening regime and introduces sanction mechanisms for non-compliance
Morgan Lewis (Frankfurt)
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Morgan Lewis (Frankfurt)
The updated German Foreign Trade and Payments Act enters into effect on July 17 and is the second of three major steps planned for 2020 to reform Germany’s foreign direct investment regime. The updated German Foreign Trade and Payments Act (Außenwirtschaftsgesetz (AWG)) includes the necessary (...)

The Polish Government amends the national foreign investments control scheme and obliges investors from outside the EEA or from non-OECD countries to notify their transaction
Hansberry Tomkiel (Warsaw)
LEAD: Pursuant to the recently amended Polish rules on the control of investments, the Polish Competition Authority (UOKiK) is empowered to review intended investments in Polish companies by investors who are: i) from outside of the European Economic Area, or ii) from non-OECD countries. Such (...)

The Polish Government adopts legislation under which transactions involving Polish companies and non-EEA investors would be subject to a new clearance obligation
Bird & Bird (Warsaw)
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Bird & Bird (Warsaw)
Due to the COVID-19 pandemic and the looming economic crisis, Poland is currently adopting legislation, under which transactions involving certain Polish companies and non-EEA investors would be subject to a new clearance obligation. This legislation also temporarily adopts the FDI Screening (...)

The US DoJ announces criminal enforcement policy that boosts the value of antitrust compliance programs
Farmer Brownstein Jaeger (San Francisco)
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Jones Day (San Francisco)
The U.S. Department of Justice Antitrust Division ("DOJ") recently announced significant revisions to its criminal enforcement policies regarding the value it places on a company’s pre-existing antitrust compliance program. Longstanding DOJ policy denied credit to companies at the charging stage (...)

The US DoJ announces new policy to consider the existence of effective antitrust compliance programs at the charging stage of criminal antitrust investigations
Shearman & Sterling (New York)
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Shearman & Sterling (New York)
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Shearman & Sterling (Washington)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The Antitrust Division of the U.S. Department of Justice (Division) finally will consider the existence of effective antitrust compliance programs at the charging (...)

The French Parquet National Financier and the Anti-Corruption Agency publish procedural guidelines on the steps that need to be taken by companies that wish to enter into deferred prosecution agreements
Dechert (London)
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Dechert (London)
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Dechert (London)
Navigating French Internal Investigations and Self-Reporting - French Authorities Issue New Guidance* France is off to a strong start enforcing Sapin II, its December 2016 anti-corruption legislation. Since the enactment of the statute, the lead French investigating and prosecuting agencies, (...)

The US DoJ and FTC publish their antitrust guidance in order to alert HR professionals that agreements among competing employers to limit or fix the terms may violate antitrust laws
Baker Botts (Washington)
After years of filing civil enforcement actions against companies, hospitals, and various employer groups for entering into a variety of schemes to suppress employee wages, the Antitrust Division of the Department of Justice and the Federal Trade Commission have made it clear that naked (...)

The US FTC and DoJ publish antitrust guidance to human resource professionals about how antitrust laws apply in the employment context
Crowell & Moring (Washington)
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McDermott Will & Emery (Chicago)
On October 20, 2016, the United States Department of Justice Antitrust Division (DOJ) and Federal Trade Commission (FTC) issued joint Antitrust Guidance to Human Resource (HR) Professionals (the Guidance) involved in hiring and compensation decisions. The agencies issued the guidance to educate (...)

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