The US DoJ secures its first criminal conviction in decades for attempted monopolization (Nathan Nephi Zito)

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 services in Montana and Wyoming. This marks the Division’s first prosecution under Section 2 in decades, but is it a significant development that poses increased risks for companies and individuals? Attempt to Gain Monopoly Power Defendant Nathan Nephi Zito, president of a paving and asphalt contractor incorporated and headquartered in Montana, was charged on 19 September 2022 with one count of attempted monopolization in the markets for highway crack sealing services in Montana and Wyoming. Zito pled