Résultats de la recherche

4 Jan 2021 B

The US DoJ announces that a ready-mix concrete company admitted to fixing prices and rigging bids (Argos USA)

US Department of Justice Antitrust Division • January 2021

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 (...)

10 Dec 2020 B

The US DoJ indicts former owner of healthcare staffing company for wage fixing (Neeraj Jindal)

US Department of Justice Antitrust Division • January 2021

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 (...)

10 Dec 2020 B

The US DoJ remains committed to prosecuting collusion in labor markets to reduce employee wages (Neeraj Jindal)

Steven Fagell, Thomas Barnett, Anne Y. Lee, Phillip H. Warren, Derek Ludwin, Ross A. Demain • January 2021

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 (...)

10 Dec 2020 B

The US DoJ indicates the owner of a therapist staffing company on wage-fixing charges (Neeraj Jindal)

Jordan Mundell, Mark L. Krotoski • January 2021

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 (...)

10 Dec 2020 B

The US DoJ brings criminal charges for wage fixing on therapist staffing companies (Neeraj Jindal)

Julia E. Mcevoy, David Kiernan, Bruce McDonald, Craig A. Waldman, Margaret A. Ward, Marc Siegel • January 2021

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 (...)

9 Dec 2020 eB

Douglas H. Ginsburg Liber Amicorum : An Antitrust Professor on the Bench Vol. II PART III - CRIMINAL ANTITRUST
Criminal Antitrust Trials: The Case for Economics

Joseph J. Bial

PART III Criminal Antitrust 167 Criminal Antitrust Trials: The Case for Economics JOsePh J. B Ial * Paul, Weiss, Rifkind, Wharton & Garrison Abstract Despite the widespread use of economics in civil antitrust investigations and litigation, prosecutors frequently seek to exclude economic testimony at (...)

9 Dec 2020 eB

Douglas H. Ginsburg Liber Amicorum : An Antitrust Professor on the Bench Vol. II Tuna Tales: The Antitrust Tsunami

Timothy Cornell

179 Tuna Tales: The Antitrust Tsunami tIMOthy c Ornell and JOhn F rIel * Clifford Chance Abstract Most everyone ensures their house is clean before inviting others in. That concept applies equally to a party contemplating a strategic transaction, the prospect of which will invite the government (...)

9 Dec 2020 eB

Douglas H. Ginsburg Liber Amicorum : An Antitrust Professor on the Bench Vol. II Criminal Cartel Prosecution Considerations on Attempts to Compensate Victims

Roxann E. Henry

201 Criminal Cartel Prosecution: Considerations on Attempts to Compensate Victims rOxann e. h enry * Abstract In the United States, criminal cartel prosecutions are frequently followed by private, treble damages class-action litigation. This enforcement model has increasingly faced scrutiny as (...)

8 Dec 2020 B

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 Authority • January 2021

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 (...)

8 Dec 2020 B

The Canadian Competition Authority fines an engineering firm $3.2 million for bid-rigging on municipal infrastructure contracts (CIMA+)

Canadian Competition Bureau • January 2021

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 (...)

8 Dec 2020 B

The US Parliament passes legislation that aims to protect whistleblowers who come forward with information on criminal antitrust violations

Robert E. Connolly • January 2021

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 (...)

8 Dec 2020 B

The US Congress passes the criminal antitrust anti-retaliation act aiming to protect whistleblowers

Ariel E. Braunstein, Lewis M. Csedrik, J. Clayton Everett, Jr., Tracey F. Milich • January 2021

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 (...)

8 Dec 2020 B

The US Congress passes federal protections for whistleblowers who report criminal antitrust violations

Lincoln O. Bisbee, Siobhan E. Mee, Mark L. Krotoski, Bernard W. Archbold • January 2021

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 (...)

3 Dec 2020 B

EU Competition Law and the Charter of Fundamental Rights: An overview of EU and national case law

Jacquelyn MacLennan, Bram Vereecken, Aron Senoner • ECHR

Fundamental rights are an integral element of the rule of the law, and any system which purports to respect the rule of law must be seen to respect the fundamental rights of the individuals subject to it. At this particular moment, with the COVID-19 pandemic, fundamental rights are an issue of (...)

3 Dec 2020 B

The Irish Competition Authority welcomes the publication of a report dealing with economic crime (Hamilton Review Group)

Irish Competition Authority • January 2021

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 (...)

1 Dec 2020 B

The Australian Competition Authority charges a pharmaceutical ingredient company and its former director for leading a criminal cartel (Alkaloids / Christopher Kenneth Joyce)

Australian Competition Authority • January 2021

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 (...)

27 Nov 2020 B

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

Michael G. Osborne • November 2020

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. (...)

18 Nov 2020 B

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 Antitrust Division • November 2020

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 (...)

18 Nov 2020 B

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 Antitrust Division • November 2020

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 (...)

18 Nov 2020 eB

Women & Antitrust - Voices from the Field, Vol. II LISA PHELAN, Morrison & Foerster
and ELAINE JOHNSTON, Allen & Overy

341 Lisa Phelan Morrison & Foerster Elaine Johnston Lisa Phelan, former chief of the National Criminal Enforcement Section of the Antitrust Division of the US Department of Justice (DOJ), is a partner in Morrison & Foerster's Global Antitrust Law Practice and White Collar Group. With more than (...)

22 Oct 2020 B

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

William Haig • October 2020

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 (...)

14 Oct 2020 eB

Albert A. Foer Liber Amicorum The Decline in US Criminal Antitrust Cases: ACPERA and Leniency in an International Context

Douglas H. Ginsburg

125 Albert A. Foer | A Consumer Voice in the Antitrust Arena - Liber Amicorum The Decline in US Criminal Antitrust Cases: ACPERA and Leniency in an International Context DOUG LAS H. GINSBU RG*1 AN DC ECILIA (YIXI ) C HENG †2 US Court of Appeals for the District of Columbia Circuit Department of (...)

9 Oct 2020 B

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 Competition Authority • October 2020

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 (...)

7 Oct 2020 B

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 Antitrust Division • October 2020

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 (...)

1 Oct 2020 B

The US DoJ applauds the US President’s authorization of The Antitrust Criminal Penalty Enhancement And Reform Permanent Extension Act

US Department of Justice Antitrust Division • October 2020

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 (...)

1^er oct. 2020 R

États-Unis : Le président Donald J. Trump signe une résolution permanente relative à la loi sur la réforme des sanctions pénales

Godefroy de Moncuit de Boiscuillé • N° 4-2020 • p. 256

Le 1er octobre, le président Donald J. Trump a signé une résolution permanente qui ré-autorise la loi sur la réforme des sanctions pénales en matière d’ententes (Antitrust Criminal Penalty Enhancement and Reform Act – ACPERA). Rappelons que les sanctions pénales aux États-Unis sont régulières et (...)

24 Sep 2020 B

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 Antitrust Division • September 2020

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 (...)

17 Sep 2020 B

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

US Department of Justice Antitrust Division • September 2020

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 (...)

16 Sep 2020 B

The US DoJ Assistant Attorney General Makan Delrahim confirms the opening of two dozen active grand jury investigations into potential criminal antitrust law violations

Alex Bourelly, Heather Souder Choi, Joseph Ostoyich, Natalia Sorgente, Caroline Jones • September 2020

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 (...)

15 sept. 2020 eB

La faute lucrative en droit de la concurrence Chapitre 2 - Les sanctions pénales applicables aux dirigeants d’entreprise

Godefroy de Moncuit de Boiscuillé

Godefroy de Moncuit de Boiscuillé – La faute lucrative en droit de la concurrence 573 Chapitre 2 Les sanctions pénales applicables aux dirigeants d'entreprise L'emprisonnement. L'emprisonnement est la sanction pénale ultime ; celle dont le caractère dissuasif est indiscutable. Elle est la « peine (...)

10 Sep 2020 B

The US DoJ announces updates to civil investigative demand forms and deposition process

Steven E. Bizar, Craig G. Falls, George G. Gordon, Shari Ross Lahlou, Thomas J. Miller • September 2020

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 (...)

10 Sep 2020 B

The US DoJ announces changes to its civil investigative demand forms and deposition process

Jon Cieslak • September 2020

Department of Justice Civil Investigative Demands and Hidden Risks* The United States Department of Justice Antitrust Division recently announced changes to its Civil Investigative Demand (CID) forms and deposition process. While these changes are cosmetic—the Antitrust Division acknowledges (...)

1^er sept. 2020 R

États-Unis : Le vent est-il vraiment en train de tourner ? Vers une refonte de l’antitrust américain par les programmes de compliance et les deferred prosecution agreements

Nils Monnerie • N° 3-2020 • pp. 198-203

"Le battement d’aile d’un papillon au Brésil peut-il provoquer une tornade au Texas ? ", La prédictibilité est une question centrale du praticien confronté au risque. Dans cette étude, il sera mis en lumière que le battement d’aile d’une division du Département de la justice américaine peut entrainer (...)

1 Sep 2020 B

The Danish Competition Authority fines an association of passenger carriers for bid-rigging in public procurement (Økonomisk Forening for Persontransport)

Danish Competition Authority • September 2020

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 (...)

28 Aug 2020 B

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 Competition Authority • August 2020

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 (...)

27 Aug 2020 B

The US DoJ charges commercial flooring contractor with bid-rigging in an on-going investigation (Vortex Commercial Flooring)

US Department of Justice Antitrust Division • August 2020

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 (...)

25 Aug 2020 B

The US DoJ charges a seventh generic drug manufacturer in ongoing criminal price-fixing investigation (Teva Pharmaceuticals)

US Department of Justice Antitrust Division • August 2020

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 (...)

28 Jul 2020 B

The Egyptian Competition Authority publishes guidelines for obtaining amnesty or leniency from criminal prosecution for antitrust cartel violations

Mark J. Gidley, Tamer Nagy, Ahmad Ashraf • July 2020

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 (...)

23 Jul 2020 B

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 Antitrust Division • July 2020

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 (...)

17 Jul 2020 B

The German Government further tightens its national foreign direct investment screening regime and introduces sanction mechanisms for non-compliance (AWG)

Michael Masling, Christian Leeder • July 2020

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 (...)

2 Jul 2020 B

Criminal Sanctions : An overview of EU and national case law

Paolo Buccirossi • Criminal sanctions

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 (...)

30 Jun 2020 B

The US DoJ charges fifth pharmaceutical company in ongoing criminal antitrust investigation into fixing prices of generic drugs (Glenmark Pharmaceuticals)

US Department of Justice Antitrust Division • June 2020

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, (...)

26 Jun 2020 B

The US Congress approves the renewal and permanent extension of the Antitrust Criminal Penalty Enhancement and Reform Act

Kenneth B. Schwartz, Karen M. Lent • June 2020

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 (...)

25 Jun 2020 B

The US DoJ welcomes the Congressional reauthorization of the antitrust criminal penalty enhancement and reform act

US Department of Justice Antitrust Division • June 2020

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 (...)

19 Jun 2020 B

The Polish Government adopts legislation under which transactions involving Polish companies and non-EEA investors would be subject to a new clearance obligation

Marcin Alberski, Piotr Dynowski • June 2020

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 (...)

19 Jun 2020 B

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

Grzegorz Materna • June 2020

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 (...)

18 Jun 2020 B

The Australian Federal Court sees Norwegian global shipping company plead guilty to criminal cartel conduct (Wallenius Wilhelmsen)

Australian Competition Authority • June 2020

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 (...)

17 Jun 2020 B

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)

Ertuğrul Can Canbolat, Burak Bugrahan Sezer, Caner Cesit • June 2020

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 (...)

16 Jun 2020 B

The US District Court for the Northern District of California announces a $100,000 fine and sentences to 40 months in prison a former CEO for his role in a tuna price-fixing conspiracy involving two competitors (Bumble Bee Foods)

William L. Monts III, Charles (Chuck) Loughlin, Edith Ramirez, Justin W. Bernick, Benjamin F. Holt • June 2020

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 (...)

16 Jun 2020 B

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 Antitrust Division • June 2020

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 (...)

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