Criminal sanctions

General antitrust

The US DoJ’s Procurement Collusion Strike Force announces four new national law enforcement partners as it enters its fourth year
US Department of Justice (Washington DC)
Justice Department’s Procurement Collusion Strike Force Announces Four New National Law Enforcement Partners as it Enters its Fourth Year* The Justice Department announced today that the Procurement Collusion Strike Force (PCSF) welcomed four new national law enforcement partners to the Strike (...)

The US DoJ submits a statement of interest in a Nevada state court lawsuit filed by a group of anesthesiologists alleging that non-compete provisions in their employment agreements with a medical group violate state law (Pickert Medical Group)
Hogan Lovells (Washington)
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Hogan Lovells (Washington)
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Hogan Lovells (Washington)
On 25 February the U.S. Department of Justice (DOJ) submitted a statement of interest in a Nevada State court lawsuit filed by a group of anesthesiologists alleging that non-compete provisions in their employment agreements with Pickert Medical Group violate state law. DOJ did not weigh in on (...)

The UK Competition Authority updates its foreign investment review regime
Baker McKenzie (London)
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Baker McKenzie (London)
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Baker McKenzie (London)
On 4 January 2022, the new UK foreign investment review regime under the National Security and Investment Act 2021 (NSI Act) came into force. The new rules require businesses and investors to submit mandatory notifications for certain acquisitions of, and investments in, companies active in 17 (...)

The US FTC adopts a policy statement outlining its criminal antitrust enforcement efforts and its plans to reinforce inter-agency collaboration and transparency
Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (Washington)
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Skadden, Arps, Slate, Meagher & Flom (Washington)
On November 18, 2021, the Federal Trade Commission (FTC) voted 4-0 to adopt a new policy statement outlining the commission’s plans to expand its criminal referral program in an effort to prevent and deter corporate crime stemming from consumer protection and criminal antitrust misconduct. The (...)

The US FTC announces its plans to launch a Section 6(b) study of ongoing supply chain issues among retailers and consumer goods firms as well as expand its criminal referral programme
Covington & Burling (Washington DC)
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Covington & Burling (Washington DC)
FTC Announces 6(b) Study of Supply Chain Disruptions and Expansion of Criminal Referral Program On November 18, 2021, the Federal Trade Commission held an open meeting to discuss the agency’s efforts to launch a Section 6(b) study of ongoing supply chain issues among retailers and consumer good (...)

The US Acting Assistant Attorney General Richard Powers delivers prepared remarks covering several criminal enforcement topics including deferred prosecution agreements and engagement with targets on charging decisions
Robert Connolly Law (Palm Springs)
Why I Think the Antitrust Division Should Reconsider Its Policy on No Notice/No Target Letter Indictments* Acting Assistant Attorney General Richard Powers recently delivered (virtually) prepared remarks (here) covering several criminal enforcement topics including: Compliance; Deferred (...)

The US State of New York Senate adopts 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 UK Government see its National Security and Investment Act receive Royal Assent
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 Danish Parliament approves extensive amendments to the Competition Act within the implementation of the ECN+ Directive
Milbank (London)
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 US President signs into law the Criminal Antitrust Anti-Retaliation Act which seeks to protect whistleblowers in criminal antitrust cases
Fried Frank Harris Shriver & Jacobson (New York)
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Fried Frank Harris Shriver & Jacobson (New York)
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Fried Frank Harris Shriver & Jacobson (Washington)
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Having an Effective Antitrust Compliance Program Is More Important Than Ever* Over the past two decades, having robust compliance programs has become (...)

The US Government reforms its criminal antitrust compliance legislation and policies
Fried Frank Harris Shriver & Jacobson (Washington)
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Fried Frank Harris Shriver & Jacobson (New York)
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Fried Frank Harris Shriver & Jacobson (New York)
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Over the past two decades, robust compliance programs have become increasingly important across a wide range of enforcement matters. In addition to helping avoid (...)

The US DoJ announces measures to further its pursuit of antitrust and related crimes in government procurement and program funding
Covington & Burling (Washington DC)
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MoloLamken (Washington, DC)
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Covington & Burling (Washington DC)
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 Greek Parliament enacts a new law empowering authorities to control monopolies and oligopolies to protect free competition
Kyriakides Georgopoulos (Athens)
A. The new Law 3784/2009 amends the Greek Competition Act The Greek Parliament enacted in September Law 3784/2009 "Review of Provisions of Law 703/77 on the control of monopolies and oligopolies and the protection of free competition" (the "new Law") published in Government Gazette A/7-8-2009. (...)

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 (...)

Criminal Sanctions : An overview of EU and national case law
Lear (Rome)
In the 2000s, introducing criminal sanctions, increasing their severity or enlarging the scope for their application were common proposals across jurisdictions to make the fight against cartels more effective. The call for “criminalization” was motivated by the opinion that the existing level and (...)

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 revises its guidance on the evaluation of corporate compliance programs including changes to evaluating post-merger compliance programs
Cleary Gottlieb Steen & Hamilton (New York)
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Cleary Gottlieb Steen & Hamilton (New York)
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On June 1, 2020, the Criminal Division of the U.S. Department of Justice (“DOJ” or “the Department”) released revisions to its guidance regarding the Evaluation of (...)

The Italian Supreme Court establishes corporate criminal liability over foreign companies that fail to prevent crimes committed by their associates
Portolano Cavallo (Milan)
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Portolano Cavallo (Milan)
The Italian Supreme Court issued decision No. 11626 of April 7, 2020, establishing jurisdiction in corporate criminal liability cases under Legislative Decree No. 231/2001 (“Decree”) over foreign companies that fail to prevent crimes committed by their associates in Italy. As a consequence of (...)

The US DoJ and State Attorney-General propose federal additions to the Price Gouging Framework following the COVID-19 pandemic Free
White & Case (New York)
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White & Case (Washington)
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White & Case (Washington)
Price gouging enforcement has largely been left to the States with their patchwork of varying laws—laws that have been invoked sporadically in crises. While the COVID-19 crisis has reportedly led to increased state enforcement, the federal government has taken a larger role, including Justice (...)

Anticompetitive practices

The Australian Competition Authority charges two construction waste companies and a chief executive for fixing prices (Aussie Skips Recycling / Aussie Skips Bin Services / Emmanuel Roussakis)
Australian Competition and Consumer Commission (Canberra)
Aussie Skips and its chief executive charged with alleged waste services cartel offences* Waste companies Aussie Skips Recycling and Aussie Skips Bin Services (together Aussie Skips) have been charged with two criminal cartel offences relating to price fixing for demolition waste services in (...)

The US DoJ secures guilty plea of two Kentucky real estate professionals for bid rigging farmland auction (Barry Dyer / Mackie Shelton)
US Department of Justice (Washington DC)
Two Kentucky Real Estate Professionals Plead Guilty to Bid Rigging Farmland Auction* Two Kentucky real estate professionals pleaded guilty today for their roles in a conspiracy to rig bids at an estate auction for farmland and timber rights. According to a plea agreement filed today in the (...)

The Australian Federal Court sentences a family-owned Australian pharmaceutical company and its former export manager for engaging in criminal cartel conduct, based on an investigation by the Competition Authority (Alkaloids)
Australian Competition and Consumer Commission (Canberra)
Alkaloids of Australia and its former export manager sentenced in criminal price fixing cartel* The Federal Court has sentenced a family-owned Australian pharmaceutical company and its former export manager for engaging in criminal cartel conduct, following a criminal prosecution by the (...)

The Australian Competition Authority secures a guilty plea from the former CEO of a waste management company for price fixing (Daniel Tartak)
Australian Competition and Consumer Commission (Canberra)
Former Bingo CEO Daniel Tartak pleads guilty to aiding and abetting demolition waste price fixing* Former Managing Director and CEO of Bingo Industries, Daniel Tartak, has today entered pleas of guilty to criminal cartel offences, after charges were laid by the Commonwealth Director of Public (...)

The Canadian Competition Authority secures a fifth guilty plea and $25,000 from an engineering executive implicated in the Gatineau bid rigging scandal (Francois Paulhus / Genivar)
Canadian Competition Bureau (Gatineau)
$25,000 sentence for fifth engineering executive to plead guilty in Gatineau bid-rigging case* Francois Paulhus, a former executive of engineering firm Genivar (now WSP Canada), has pleaded guilty in the Court of Quebec to conspiring to rig bids for City of Gatineau infrastructure contracts, (...)

The US DoJ secures convictions against an insulation company and its co-owner for bid rigging and fraud (Langan Insulation / Thomas F. Langan)
US Department of Justice (Washington DC)
Insulation Contracting Firm and Co-Owner Sentenced for Rigging Bids and Fraud* First Two Defendants Sentenced in Investigation in the Insulation Contracting Industry Thomas F. Langan (Langan), the co-owner of North Haven, Connecticut, insulation contracting firm Langan Insulation LLC (Langan (...)

The US District Court for the Eastern District of North Carolina sentences a former engineering executive for rigging bids and defrauding the North Carolina Department of Transportation (Brent Brewbaker)
US Department of Justice (Washington DC)
Former Engineering Executive Sentenced for Rigging Bids and Defrauding North Carolina Department of Transportation* A former executive of Contech Engineered Solutions LLC (Contech) was sentenced to 18 months of imprisonment yesterday in New Bern, North Carolina, for his participation in (...)

The Australian Competition Authority charges a waste management company for price-based antitrust infringements (Bingo Industries)
Australian Competition and Consumer Commission (Canberra)
Bingo Industries pleads guilty to alleged demolition waste cartel* Waste company Bingo Industries has today entered pleas of guilty to criminal cartel offences relating to price fixing for demolition waste services in Sydney. Bingo was charged with these offences today after an investigation (...)

The US DoJ fines a military contractor for bid rigging in Texas and Michigan (Leveritt)
US Department of Justice (Washington DC)
Military Contractor Pleads Guilty to Rigging Bids for Public Contracts in Texas and Michigan* A Texas military contractor pleaded guilty yesterday to rigging bids on public military contracts in Texas and Michigan. Yesterday, in the U.S. District Court for the Eastern District of Texas, (...)

The US District Court for the District of Denver acquits five executives in the chicken rearing industry in a price fixing and bid rigging cartel case (Jayson Jeffrey Penn / Roger Born Austin / William Wade Lovette / Mikell Reeve Fries / Scott James Brady)
Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (New York)
On July 7, 2022, a federal jury in Denver acquitted five executives who faced criminal charges for conspiring to fix prices in the chicken industry. The not-guilty verdict, which acquitted current and former executives of top chicken producers Pilgrim’s Pride and Claxton Poultry Farms, provides (...)

The US District Court for the Eastern District of Texas indicts a federal military contractor for bid-rigging following a grand jury decision (Aaron Stephens)
US Department of Justice (Washington DC)
Military Contractor Indicted for $15 Million Bid-Rigging Scheme and Conspiracy to Defraud the United States* A federal grand jury in the Eastern District of Texas returned an indictment charging a military contractor for rigging bids on public military contracts in Texas and Michigan and (...)

The US District Court for the District of Colorado enters a federal jury’s acquittal in a first-of-its-kind criminal case against a company and its CEO for no-poach agreements with rivals (DaVita / Thiry)
McDermott Will & Emery (Chicago)
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McDermott Will & Emery (Washington)
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McDermott Will & Emery (Chicago)
In a landmark case of first impression, the US Department of Justice’s (DOJ) Antitrust Division (Division) indicted and brought to trial a federal criminal prosecution alleging agreements between DaVita, Inc., its former CEO Kent Thiry and other companies not to solicit each other’s employees. (...)

The US District Court for the Eastern District of Texas convicts a former healthcare staffing executive for obstructing an investigation (Neeraj Jindal)
US Department of Justice (Washington DC)
Former Health Care Staffing Executive Convicted of Obstructing FTC Investigation into Wage-Fixing Allegations* Today, a Texas man was convicted of obstructing a Federal Trade Commission (FTC) investigation, following an eight-day trial in the Eastern District of Texas. “Lying to federal (...)

The US FTC publishes a statement regarding the verdict by the US District Court for the Eastern District of Texas that the former owner of a physical therapy staffing company obstructed the FTC’s investigation (Neeraj Jindal)
US Federal Trade Commission (FTC) (Washington)
Statement Regarding Texas Jury’s Verdict that Former Owner Neeraj Jindal Obstructed FTC’s Antitrust Investigation into Physical Therapy Staffing Company* Today, a Texas federal jury found the former owner of a physical therapist staffing company guilty of obstructing a Federal Trade Commission (...)

The US DoJ indicts individuals in Florida for bid-rigging and for conspiring to eliminate competition among their companies and secure sales for a pre-arranged winner (O’Brien / LaRoche / Dailey)
US Department of Justice (Washington DC)
Three Florida Men Indicted for Rigging Bids and Defrauding the U.S. Military* Defendants Submitted Sham Bids for More than Five Years A federal grand jury in the Middle District of Florida returned an indictment, which was unsealed today, charging three Florida men with conspiring to rig (...)

The US District Court for the Eastern District of California in Sacramento receives a plea agreement from a former contract manager for his role in a bid-rigging and bribery scheme (Yong)
US Department of Justice (Washington DC)
Former Caltrans Contract Manager Pleads Guilty to Bid Rigging and Bribery* First Guilty Plea in Ongoing Investigation at the California Department of Transportation (Caltrans) A former contract manager for the California Department of Transportation (Caltrans) pleaded guilty today for his (...)

The US District Court for the Eastern District of Tennessee indicts 2 individuals and 4 companies for price fixing DVDs and Blu-Ray discs sold on an e-commerce platform (Victor Btesh / Bruce Fish / BDF / Michelle’s DVD Funhouse)
US Department of Justice (Washington DC)
Two Individuals and Four Companies Indicted for Price Fixing DVDs and Blu-Ray Discs Sold on the Amazon Marketplace* A federal grand jury in Knoxville, Tennessee, returned an indictment charging two individuals and four companies with participating in a conspiracy to fix prices of DVDs and (...)

The US District Court for the District of Minnesota indicts a concrete company and its CEO for rigging bids for public contracts (Kamida)
US Department of Justice (Washington DC)
Minnesota Concrete Company and its CEO Indicted for Rigging Bids for Public Contracts* Second charge filed for long-running conspiracy that targeted local governments and public schools in Minnesota A federal grand jury returned an indictment charging Kamida Inc., a Minnesota-based concrete (...)

The US District Court for the Eastern District of Michigan accepts a guilty plea by a German national for leading a parking heaters price fixing conspiracy (Espar / Hohensee)
US Department of Justice (Washington DC)
Fugitive Executive Pleads Guilty in Parking Heaters Price-Fixing Conspiracy* A German national pleaded guilty in the Eastern District of Michigan to leading a price-fixing conspiracy from 2007 to 2012 and was sentenced to time served. Volker Hohensee, a German national and onetime Canadian (...)

The US Attorney General Merrick Garland and DoJ Criminal Division Assistant Attorney General Kenneth Polite Jr. address the DoJ’s increased commitment to investigating and prosecuting corporate crime
McDermott Will & Emery (Los Angeles)
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McDermott Will & Emery (Washington)
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McDermott Will & Emery (Boston)
In March 3, 2022, speeches at the American Bar Association’s Annual National Institute on White Collar Crime (ABA White Collar Institute), US Attorney General (AG) Merrick Garland and US Assistant Attorney General for the Criminal Division (AAG) Kenneth Polite Jr. addressed the US Department of (...)

The Copenhagen City Court rules that two companies sanctioned for illegally submitting a joint bid for a road marking project shall not face criminal penalties because the requisite intent or gross negligence could not be proven (LKF Vejmarkering / Eurostar Danmark)
Danish Competition and Consumer Authority (Copenhagen)
Companies behind illegal road marking consortium avoid sanctions* On 11 February 2022, the City Court of Copenhagen ruled that the companies LKF Vejmarkering (now GVCO) and Eurostar Danmark must not pay fines for infringing the Competition Act. Three individuals also avoided sanctions. In (...)

The US DoJ announces initiative to protect supply chains from anticompetitive behaviour amid global disruptions and persistent inflation
Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (New York)
On February 17th, the Department of Justice (DOJ) announced an initiative to protect supply chains from anticompetitive behavior amid global disruptions and persistent inflation. The initiative is yet another example of the Biden Administration’s aggressive approach to antitrust enforcement (...)

The US DoJ and FBI announce an initiative to deter, detect and prosecute those who would exploit supply chain disruptions to engage in collusive conduct Free
US Department of Justice (Washington DC)
Department of Justice Announces Initiative to Protect Americans from Collusive Schemes Amid Supply Chain Disruptions* Initiative Puts Business Community on Notice that the Antitrust Division is Looking Out for Companies that Would Exploit Supply Chain Disruptions to Engage in Anticompetitive (...)

The Australian Commonwealth Director of Public Prosecutions withdraws criminal cartel charges against 2 banks and 4 senior executives arising from a third bank’s institutional share placement (ANZ / Citigroup / Deutsche Bank)
Australian Competition and Consumer Commission (Canberra)
CDPP withdraws charges in bank criminal cartel case* The Commonwealth Director of Public Prosecutions (CDPP) has today withdrawn charges against Citigroup Global Markets Australia Pty Limited (Citigroup), Deutsche Bank AG and four senior banking executives in relation to criminal cartel (...)

The Australian Commonwealth Director of Public Prosecutions walks away from a high-profile criminal case in the financial services sector which involves allegations of serious defects in the investigation conducted by the Competition Authority (ANZ / Citigroup / Deutsche Bank)
Ashurst (Sydney)
The Commonwealth Director of Public Prosecutions ("CDPP") has sensationally walked away from the highest profile criminal case in the financial services sector in recent memory after three and a half years of vigorous court battles. The prosecution’s case had been mired in allegations of (...)

The US District Court for the Eastern District of North Carolina convicts a former engineering company executive for bid rigging and fraud schemes targeting the North Carolina Department of Transportation on more than 300 aluminium structure projects (Contech Engineered Solutions / Brent Brewbaker)
US Department of Justice (Washington DC)
Former Engineering Executive Convicted of Rigging Bids and Defrauding North Carolina Department of Transportation* A former executive of Contech Engineered Solutions LLC was convicted today in New Bern, North Carolina, for his participation in bid-rigging and fraud schemes targeting the North (...)

The US District Court for the District of Colorado acquits a healthcare company and its CEO in a criminal trial on no-poach agreements (DaVita)
University of Chicago - Law School
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Dechert (Philadelphia)
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Dechert (Chicago)
Criminal No-Poach Antitrust Defense Verdict* Key Takeaways Colorado federal jury acquitted a healthcare company and its former CEO of antitrust charges that they violated the Sherman Act by entering into agreements with other health care companies not to recruit each other’s employees. As an (...)

The US District Court for the District of Colorado acquits a Denver-based healthcare company and its former CEO on no-poach agreements in alleged violation of the Sherman Act (DaVita / Thiry)
Dechert (Philadelphia)
Key Takeaways Colorado federal jury acquitted a healthcare company and its former CEO of antitrust charges that they violated the Sherman Act by entering into agreements with other health care companies not to recruit each other’s employees. As an early test of the Antitrust Division’s 2018 (...)

The US DOJ signals tougher enforcement of antitrust law and a more aggressive pursuit of criminal charges
Hausfeld (New York)
In July 2021 President Biden issued a landmark Executive Order on Competition. “The heart of American capitalism,” the President explained, “is a simple idea: open and fair competition.” But he also warned that “capitalism without competition isn’t capitalism; it’s exploitation.” He stressed that (...)

The Canadian Competition Authority brings closure to a case against a Toronto construction company for bid rigging and collusion in the condo refurbishment market (CPL Interiors)
Journal of Parliamentary and Political Law (Ottawa)
Canada’s Competition Bureau (Bureau), which assists the Commissioner of Competition (Commissioner) in the administration and enforcement of the Competition Act (Act) , announced on 17 January 2022 that CPL Interiors Ltd. (CPL) was fined $761,967 (CAN) after pleading guilty for its role in a (...)

The Canadian Competition Authority fines interior company $750,000 for participating in criminal bid-rigging (CPL Interiors)
Steve Szentesi Law Corporation (Vancouver)
CPL Interiors Fined More Than $750,000 In Toronto Condo Refurbishment Bid-Rigging Case* On January 17, 2021, Canada’s Competition Bureau (Bureau) announced that CPL Interiors Ltd. (CPL) was fined $761,967 after pleading guilty before the Ontario Superior Court for participating in a criminal (...)

The Canadian Competition Authority fines a national construction company $761,967 after it pleaded guilty in a Toronto condo refurbishment bid-rigging scheme (CPL Interiors)
Canadian Competition Bureau (Gatineau)
CPL Interiors fined $761,967 after pleading guilty in GTA condo refurbishment bid-rigging scheme* Construction company CPL Interiors Ltd. was fined $761,967 today after pleading guilty before the Ontario Superior Court for its role in a criminal bid-rigging conspiracy. The bid-rigging scheme (...)

The US FTC issues a statement made by Chair Lina M. Khan following the imposition of a lifetime ban against a pharmaceutical executive (Martin Shkreli)
US Federal Trade Commission (FTC) (Washington)
Statement of Chair Lina M. Khan on the Ruling by Judge Denise L. Cote Federal Trade Commission et al v. Vyera Pharmaceuticals, LLC et al* Today, U.S. District Court Judge Denise Cote held “Pharma Bro” Martin Shkreli liable for antitrust claims brought by the Federal Trade Commission and a group (...)

The US DoJ announces from its ongoing investigation that 3 more sellers from a major online retail platform plead guilty to price fixing DVDs and Blu-ray discs (Morris Sutton / Emmanuel Hourizadeh / Raymond Nouvahian / Amazon Marketplace)
US Department of Justice (Washington DC)
Three Amazon Marketplace Sellers Plead Guilty to Price Fixing DVDs and Blu-Ray Discs in Ongoing Investigation* A New Jersey man and two New York men pleaded guilty yesterday to fixing the prices of DVDs and Blu-Ray Discs sold on the Amazon Marketplace. According to court documents filed in (...)

The New Zealand Competition Authority initiates proceedings against an alleged freight forwarding cartel (Mondiale / Oceanbridge)
New Zealand Commerce Commission (Wellington)
Commission files proceedings against alleged international freight forwarding cartels* The Commerce Commission has filed civil proceedings in the High Court against two international freight forwarding companies, Mondiale Freight Services Limited (Mondiale) and Oceanbridge Shipping Limited (...)

The US Supreme Court grants a motion to hear a constitutional challenge to the per se rule in a criminal antitrust case (Lischewski)
Robert Connolly Law (Palm Springs)
Will the Supreme Court Grant Certiorari and Review the Per Se Rule?* I have no expertise in predicting whether the Supreme Court will grant certiorari on any given petition. But I am hopeful that the high court will do so on the issue of whether the application of the per se rule in a criminal (...)

The US District Court for the Eastern District of Texas rejects a motion to dismiss a per se Sherman Act violation by former executives at a staffing company for wage fixing in the market for physical therapists and assistants (Neeraj Jindal / John Rodgers)
Robert Connolly Law (Palm Springs)
District Court Finds Antitrust Division’s First Wage Fixing Indictment Alleges a Per Se Violation* On November 29, 2021 in U.S. v. Neeraj Jindal and John Rodgers, Civil Action No. 4:20-CR-00358A (N.D. Texas), District Court Judge Amos L. Mazzant rejected defendants’ motion to dismiss the (...)

The Australian Competition Authority announces that a national pharmaceutical company has pleaded guilty to criminal cartel charges (Alkaloids of Australia)
Australian Competition and Consumer Commission (Canberra)
Pharmaceutical ingredient company pleads guilty to criminal cartel charges* Alkaloids of Australia Pty Ltd, a company which produces a pharmaceutical ingredient used in anti-spasmodic medication, has today pleaded guilty to criminal cartel conduct in Sydney’s Downing Centre Local Court. (...)

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 from 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 DC)
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 a 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 US DoJ announces that an online retail platform seller pleaded guilty to price fixing DVDs and Blu-ray discs (David Camp)
US Department of Justice (Washington DC)
Amazon Marketplace Seller Pleads Guilty to Price Fixing DVDs and Blu-ray Discs* A Tennessee man pleaded guilty today to fixing the prices of DVDs and Blu-ray Discs sold on Amazon Marketplace. According to court documents filed in Knoxville, David Camp was charged with conspiring with others (...)

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 DC)
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 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 with fixing wages for healthcare workers and obstructing the FTC’s investigation (Neeraj Jindal / John Rodgers)
US Department of Justice (Washington DC)
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 Israeli District Court in Jerusalem imposes prison sentences on all defendants convicted in the schoolbooks cartel case (Sefer Lakol / Mada / Yesh Distribution)
Israel Competition Authority (Jerusalem)
Verdict in the Book Cartel Case* The Jerusalem District Court imposed prison sentences on all the defendants that were convicted in the schoolbooks cartel case On Wednesday 14/3/2021, the Jerusalem District Court (His Honor Judge Oded Shacham) imposed actual prison sentences on all (...)

The US DoJ fines the largest national chicken producer for price fixing (Pilgrim’s)
US Department of Justice (Washington DC)
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 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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Journal of Parliamentary and Political Law (Ottawa)
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 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)
,
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 remains committed to prosecuting collusion in labour markets to reduce employee wages (Neeraj Jindal)
Covington & Burling (Washington DC)
,
Covington & Burling (Washington DC)
,
Covington & Burling (Washington DC)
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 US DoJ indicts the owner of a therapist staffing company on wage-fixing charges (Neeraj Jindal)
Latham & Watkins (San Francisco)
,
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 announces its first criminal prosecutions of employee no-poach and wage-fixing agreements between competing employers (Neeraj Jindal)
American Bar Association (Chicago)
,
Latham & Watkins (New York)
,
Latham & Watkins (San Francisco)
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. With increased scrutiny of anticompetitive conduct in labor markets, companies need to adopt proactive compliance efforts to avoid prosecution. The US (...)

The US DoJ indicts a former owner of a North Texas physical therapist staffing company for conspiring with competitors to suppress wages (Neeraj Jindal)
US Department of Justice (Washington DC)
,
WilmerHale (Washington)
,
Axinn Veltrop & Harkrider (Washington)
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On Dec. 10, the U.S. Department of Justice Antitrust Division announced in U.S. v. Jindal the criminal indictment of a former owner of a North Texas physical (...)

The US DoJ brings criminal charges for wage-fixing on therapist staffing companies (Neeraj Jindal)
Jones Day (Washington)
,
Jones Day (San Francisco)
,
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 indicts a former owner of healthcare staffing company for wage-fixing (Neeraj Jindal)
US Department of Justice (Washington DC)
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 Japanese FTC brings criminal accusations over bid-rigging against four wholesalers in the pharmaceutical sector (Alfresa / Mediceo / Suzuken / Toho)
White & Case (Tokyo)
,
White & Case (Tokyo)
,
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 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
Conzen O’Connor (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 DC)
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 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, sentencing them to prison for 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 an ongoing broiler chicken investigation (Timothy Mulrenin / William Kantola / Jimmie Little / William Lovette / Gary Roberts / Rickie Blake)
US Department of Justice (Washington DC)
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 DC)
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 a former cancer center president for participation in a long-running antitrust conspiracy (Dr. William Harwin)
US Department of Justice (Washington DC)
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 DC)
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)
,
Baker Botts (Washington)
,
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 DC)
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 an ongoing criminal price fixing investigation (Teva Pharmaceuticals)
US Department of Justice (Washington DC)
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 US DoJ charges a sixth pharmaceutical company for fixing prices, allocating customers and bid rigging in an ongoing investigation into the generic drugs industry (Taro Pharmaceuticals)
US Department of Justice (Washington DC)
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 the fifth pharmaceutical company in an ongoing criminal antitrust investigation into fixing prices of generic drugs (Glenmark Pharmaceuticals)
US Department of Justice (Washington DC)
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 a 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)
,
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 the former CEO of a canned tuna company to prison for price fixing (Christopher Lischewski / Bumble Bee Foods)
US Department of Justice (Washington DC)
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 DC)
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 a generic drug manufacture $24.1M for fixing the price of a widely used cholesterol medication and files for a deferred prosecution agreement (Apotex)
US Department of Justice (Washington DC)
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 a leading cancer treatment centre 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 DC)
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 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 DC)
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 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)
,
Proskauer (London)
,
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 reiterates its focus on prosecuting violations of antitrust laws in areas affected by the COVID-19 pandemic 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 that violate national antitrust laws in connection with the manufacturing and the distribution or the sale of public health products following the COVID-19 pandemic 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 the COVID-19 pandemic and will hold accountable anyone who violates antitrust law in connection with the manufacturing, distribution or sale of public health products Free
Cooley (Washington)
,
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 District Court for the Northern District of Georgia secures a conviction against an 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 charges an extradited former automotive parts executive 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 DC)
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 DoJ reaches a deferred prosecution agreement with a pharma company fined a record criminal penalty for a domestic antitrust case (Sandoz)
US Department of Justice (Washington DC)
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 UK Competition Authority publishes guidance with practical advice for project directors and managers on how to avoid bid-rigging and cartel activity in the construction market
Freshfields Bruckhaus Deringer (London)
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Freshfields Bruckhaus Deringer (London)
The recently published Competition and Markets Authority (CMA) guidance provides practical advice on how to avoid bid rigging and cartel activity. The guidance warns that construction directors, managers and suppliers should be aware that bid rigging can take many forms, for example: bid (...)

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)
,
Amazon (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)
,
Baker Botts (Washington)
,
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 (...)

Unilateral Practices

The US DoJ announces the unsealing of criminal charges against 12 individuals in wide-ranging scheme to monopolize the transmigrante industry and extort competitors near the US-Mexico border
US Department of Justice (Washington DC)
Criminal Charges Unsealed Against 12 Individuals in Wide-Ranging Scheme to Monopolize Transmigrante Industry and Extort Competitors Near U.S.-Mexico Border* Charges Include Use of Violence, Threats and Extortion to Fix Prices, Allocate the Market and Eliminate Competition The U.S. Department (...)

The US DoJ prosecutes attempted collusion among business competitors in the construction sector (Nathan Nephi Zito)
McDermott Will & Emery (Washington)
,
McDermott Will & Emery (Washington)
,
McDermott Will & Emery (Washington)
On October 31, 2022, the US Department of Justice’s (DOJ) Antitrust Division (Division) made good on its intention earlier this year to revitalize efforts surrounding criminal enforcement of Section 2 of the Sherman Act when the president of a paving and asphalt contractor in Montana pleaded (...)

The US DoJ brings its first criminal monopolization case in 50 years which relates to attempted monopolization in the construction sector (Nathan Nephi Zito) Free
Jones Day (Washington)
,
Jones Day (Washington)
,
Jones Day (Los Angeles)
A plea deal with a paving contractor follows the Department of Justice Antitrust Division’s ("DOJ") threat to resurrect criminal enforcement of the Sherman Act § 2 prohibition on monopolization and attempted monopolization. A paving contractor pleaded guilty to attempted monopolization in DOJ’s (...)

The US DoJ secures its first criminal conviction in decades for attempted monopolization (Nathan Nephi Zito)
Hogan Lovells (Washington)
,
Hogan Lovells (Washington)
,
Hogan Lovells (Washington)
On 31 October 2022 the Department of Justice Antitrust Division (DOJ or the Division) announced that the president of a Montana paving and asphalt contractor pled guilty to one count of violating Section 2 of the Sherman Act for attempting to monopolize the market for highway crack-sealing (...)

The US DoJ commences first criminal monopolization case in forty years (Nathan Nephi Zito)
Skadden, Arps, Slate, Meagher & Flom (New York)
,
Skadden, Arps, Slate, Meagher & Flom (Washington)
,
Skadden, Arps, Slate, Meagher & Flom (Washington)
Last month, the Department of Justice Antitrust Division announced its first criminal attempted monopolization charges in more than 40 years. In the case, U.S. v. Zito, Nathan Nephi Zito, the owner of a Montana paving company, pleaded guilty to a violation of Section 2 of the Sherman Act after (...)

The US DoJ declares that it is prepared to bring criminal charges against individuals who violate the prohibition on market monopolization
Hogan Lovells (Washington)
,
Hogan Lovells (Washington)
In remarks made during a panel discussion at the ABA’s National Institute on White Collar Crime on 2 March, Antitrust Division Deputy Assistant Attorney General Richard Powers said that the Department of Justice Antitrust Division (the Division) is prepared to bring criminal charges against (...)

The US DoJ Antitrust Division Deputy Assistant Attorney General Richard Powers reveals that the DoJ intends to investigate and pursue alleged criminal violations against individuals or companies who violate Section 2 of the Sherman Act
McDermott Will & Emery (Washington)
,
Arnold & Porter Kaye Scholer (Brussels)
What Happened On March 2, 2022, the US Department of Justice (DOJ) Antitrust Division Deputy Assistant Attorney General Richard Powers revealed that the DOJ intends to investigate and pursue alleged criminal violations against individuals or companies who violate Section 2 of the Sherman Act. (...)

The US DoJ announces that a ready-mix concrete company admitted to fixing prices and rigging bids (Argos USA)
US Department of Justice (Washington DC)
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 (...)

Procedures

The US DoJ antitrust Assistant Attorney General Jonathan Kanter signals a more aggressive stance in national antitrust enforcement
McDermott Will & Emery (Washington)
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McDermott Will & Emery (Washington)
In remarks delivered on January 18, 2022, and January 24, 2022, Jonathan Kanter, the Assistant Attorney General (AAG) for the US Department of Justice (DOJ) Antitrust Division, laid out the areas where he perceives shortcomings in antitrust enforcement. These speeches signaled that the (...)

The French Constitutional Council declares unconstitutional a provision of the Commercial Code that permits fines in cases for obstructing an investigation because an existing criminal provision sanctions the same conduct (Akka Technologies)
Addleshaw Goddard
,
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 EU Court of Justice rules on the access to external communication records and the possibility of using such data as evidence during criminal proceedings (Prokuratuur)
Portolano Cavallo (Milan)
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Portolano Cavallo (Milan)
On March 2, 2021, the Court of Justice of the European Union (“CJEU”) ruled on (i) the criteria for establishing the lawfulness of public authorities accessing external communication records (“ECR”) stored by electronic service providers to carry out criminal investigations; and (ii) 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 US Congress passes federal protections for whistleblowers who report criminal antitrust violations
Morgan Lewis (New York)
,
Morgan Lewis (Boston)
,
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 the Criminal Antitrust Anti-Retaliation Act which prohibits employers from retaliating against whistleblowers
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 passes the Criminal Antitrust Anti-Retaliation Act aimed at protecting whistleblowers
U.S. Department of Energy (Washington)
,
Morgan Lewis (Washington)
,
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 US DoJ signs a memorandum of understanding with the South Korean prosecution service to promote increased cooperation and communication on criminal antitrust enforcement and policy in both countries
US Department of Justice (Washington DC)
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)
,
Dechert (Washington)
,
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 Egyptian Competition Authority publishes guidelines for obtaining amnesty or leniency from criminal prosecution for antitrust cartel violations
White & Case (Washington)
,
White & Case (Washington)
,
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 Congress approves the renewal and permanent extension of the Antitrust Criminal Penalty Enhancement and Reform Act
Skadden, Arps, Slate, Meagher & Flom (New York)
,
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 DC)
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 issues a decision finding a violation of constitutional rights of the concerned undertaking during the appeal process of a competition law infringement action (Onmed)
ACTECON (Istanbul)
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ACTECON (Istanbul)
,
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 announces that a former senior vice president of sales and marketing and a dutch national had been extradited to face price-fixing charges (Ullings)
Portolano Cavallo (Milan)
,
Portolano Cavallo (Milan)
On January 13, 2020, the Antitrust Division of the U.S. Department of Justice announced that a former senior vice president of cargo sales and marketing for Martinair N.V. (Martinair Cargo) and a Dutch national, had been extradited from Italy to the United States to face price-fixing charges. (...)

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