After several unsuccessful attempts to convict a company or individual at trial for wage-fixing or a no-poach agreement, the Department of Justice’s (DOJ) Antitrust Division has secured its first conviction in a labor market...more
The firm is pleased to distribute the Wilson Sonsini Global Cartel Law Quarterly Q4 2024 / Q1 2025, which provides a summary of key cartel enforcement trends across the U.S., Europe, and beyond. A “cartel” under competition...more
Looking ahead in 2025, we expect antitrust agencies in the U.S. and abroad to continue to prioritize enforcement against cartel conduct, which can be prosecuted criminally in the U.S. The agencies will not only continue to...more
The U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) (collectively, the U.S. Antitrust Agencies) have recently reinvigorated antitrust enforcement against company “interlocks”—i.e., when a director or...more
For over 20 years, federal antitrust enforcers have provided guidelines to companies doing business in the United States as to when the enforcers believe competitor collaborations are anticompetitive. Following the most...more
Another court has allowed antitrust claims to proceed against competitors that use the same revenue management software. The case involves competitors in the real estate industry, but the takeaway is the same for any...more
12/10/2024
/ Algorithms ,
Antitrust Litigation ,
Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Landlords ,
Property Management Companies ,
Real Estate Professionals ,
Sherman Act ,
Software ,
Software Developers
The U.S. Supreme Court has allowed a U.S. Court of Appeals for the Fourth Circuit ruling that limits the U.S. Department of Justice's (DOJ) ability to bring criminal charges for antitrust violations to stand. On November 12,...more
The U.S. Department of Justice (DOJ) sent a strong message recently about information exchanges. In a “Statement of Interest” filed on October 1, 2024, the DOJ stated that "standalone information sharing … can undermine the...more
On January 26, 2024, the U.S. Department of Justice’s (DOJ’s) Antitrust Division and the Federal Trade Commission (FTC) released a joint statement reinforcing document preservation obligations for companies and individuals...more
On September 22, 2023, the U.S. Department of Justice (DOJ) announced that it was partnering with Mexico’s Federal Economic Competition Commission and Canada’s Competition Bureau on a new joint initiative to “deter, detect...more
In another blow to the U.S. Department of Justice’s (DOJ’s) efforts to criminalize “no-poach” and “wage-fixing” agreements, a federal judge terminated the DOJ’s latest “no-poach” case mid-trial before jury deliberations....more
5/2/2023
/ Antitrust Violations ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Human Resources Professionals ,
No-Poaching ,
Non-Solicitation Agreements ,
Popular ,
Wage and Hour ,
Wage-Fixing
On February 2, 2023, Doha Mekki, Principal Deputy Attorney General (DAAG) for the U.S. Department of Justice (DOJ) Antitrust Division, announced the agency’s withdrawal of three enforcement policy statements related to...more
2/7/2023
/ Antitrust Division ,
Antitrust Provisions ,
Competition ,
Data Privacy ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Healthcare ,
Joint Venture ,
Mergers ,
Personal Information ,
Sherman Act
Over the past year, U.S. legislators and state attorneys general (AGs) have raised concerns that collaborations among firms to achieve environmental, social, and governance (ESG) goals are violations of the antitrust laws. As...more
The Antitrust Division of the U.S. Department of Justice (DOJ) suggested at the beginning of the year that it would consider criminally prosecuting monopolization conduct—a departure from antitrust enforcement of the past...more