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
Since at least the October 2016 publication of the Federal Trade Commission’s (FTC) and U.S. Department of Justice’s (DOJ) joint Antitrust Guidance for Human Resource Professionals, federal antitrust enforcers have...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 August 23, 2024, the U.S. Department of Justice (DOJ) and eight states filed a complaint in federal court in North Carolina alleging that RealPage, a software analytics company, coordinated rental prices in the real estate...more
8/27/2024
/ Algorithms ,
Anti-Competitive ,
Antitrust Violations ,
Competition ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Landlords ,
Monopolization ,
Property Owners ,
Real Estate Market ,
Sherman Act ,
Software
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 its first enforcement action based on the exchange of competitive information since withdrawing its information sharing guidance earlier this year, the U.S. Department of Justice’s (DOJ’s) Antitrust Division filed a...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
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
Nearly six years after the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) put human resource executives and their companies on notice that no-poach and wage-fixing agreements would be subject to...more
In 2016, the U.S. Department of Justice Antitrust Division (DOJ) announced that it would criminally prosecute no-poach and wage-fixing agreements for the first time. Indeed, the DOJ has backed this up by bringing a number of...more
The U.S. Department of Justice, Antitrust Division's (the Division) Corporate Leniency Policy has been a central pillar of the Division's criminal cartel enforcement for nearly 30 years. Under the Corporate Leniency Policy,...more
It has been nearly a year since the U.S. Department of Justice's Antitrust Division (DOJ) made good on its promise to criminally charge companies that agree not to solicit each other's employees in so-called "no-poach"...more
The U.S. Department of Justice's Antitrust Division (DOJ) has made good on a promise it made over four years ago to criminally charge companies that agree not to solicit each other's employees in so-called "no poach"...more
1/11/2021
/ Antitrust Violations ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Human Resources Professionals ,
No-Poaching ,
Trump Administration ,
Wage and Hour ,
Wage-Fixing
On October 20, 2016, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued “Antitrust Guidance for Human Resources (HR) Professionals.” The jointly prepared guidance—directed at HR...more
Marking a foray into e-commerce, the United States Department of Justice (DOJ) recently announced its first antitrust prosecution for price fixing in online marketplaces. On April 6, 2015, the DOJ announced that it has...more
The Department of Justice Antitrust Division's (DOJ's) investigation into the generic pharmaceutical industry may be expanding. On March 15, 2015, a third generic manufacturer disclosed that it received a subpoena from the...more
The United States remains a leader in cartel enforcement, in part given its long tradition of prosecuting cartel conduct both criminally and civilly. Indeed, “the United States remains the only jurisdiction that has...more
In this issue:
- The U.S. DOJ Secures Two Extraditions of Foreign Nationals on Antitrust Charges: Who Is Next?
- U.S. Circuit Courts Limit Reach of Sherman Act Against Asian Cartel
- Mark Rosman, Partner...more