News & Analysis as of

Antitrust Division Government Investigations

Troutman Pepper Locke

DOJ Antitrust Unit Launches Whistleblower Rewards Program

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The U.S. Department of Justice, Antitrust Division (DOJ) has announced a new initiative aimed at enhancing the detection and prosecution of antitrust violations. ...more

DLA Piper

Federal Investigators Continue Their Focus on Procurement

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A flurry of federal prosecutorial activity in late 2024, as well as a statement from several institutional stakeholders in a key federal initiative to combat procurement fraud, provided a valuable reminder for government...more

The Volkov Law Group

Antitrust Division Revises Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations

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The Department of Justice Antitrust Division’s is playing catch up to the Criminal Division on compliance leadership.  DOJ’s Criminal Division has issued four separate revisions to its Evaluation of Corporate Compliance...more

Skadden, Arps, Slate, Meagher & Flom LLP

AI-Enabled Compliance: Keeping Pace With the Feds

The potential for artificial intelligence (AI) to transform business has commanded enormous attention over the past year. Little noted, however, is the U.S. government’s increasing — and increasingly sophisticated — use of AI...more

Proskauer Rose LLP

A Closer Look At Antitrust Agencies' Chat Platforms Guidance

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The Federal Trade Commission's Bureau of Competition and the U.S. Department of Justice Antitrust Division earlier this year released a joint statement reiterating document preservation obligations for companies and...more

Cornerstone Research

Trends in Merger Investigations and Enforcement at the U.S. Antitrust Agencies: Fiscal Years 2005-2022

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In fiscal year 2022, merger transactions and second requests decreased from the prior year....more

Jones Day

DOJ's Antitrust Division and the FTC Announce New Guidance on Preservation for Collaboration Tools and Ephemeral Messaging

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The Antitrust Division of the U.S. Department of Justice ("DOJ") and the Federal Trade Commission ("FTC") are updating language in document requests and compulsory process to address companies' increased use of collaboration...more

King & Spalding

President Biden's Executive Order on AI - Legal Practice Snapshots

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On October 30, 2023, President Biden published a landmark Executive Order regarding the use of Artificial Intelligence (“AI”) with an accompanying Fact Sheet, touching on the opportunities these systems present along with...more

Troutman Pepper Locke

Antitrust Criminal Enforcement on the Horizon

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With the end of summer and fall right around the corner, the U.S. Department of Justice (DOJ), Antitrust Division is gearing up for several crucial displays of its criminal enforcement priorities across multiple...more

Robinson+Cole Health Law Diagnosis

Timing is Everything:  The Antitrust Division and OIG Sign Cross-Agency Agreement as Government Investigations Are Expected to...

On December 9, 2022, the U.S. Department of Justice, Antitrust Division and the U.S. Department of Health and Human Services, Office of the Inspector General (OIG) (collectively, the Agencies) formalized their long-standing...more

WilmerHale

Interlocking Directorates Under Section 8 of the Clayton Act: Can an Old Statute Learn New Tricks?

WilmerHale on

On June 3, 2022, Department of Justice Antitrust Division Deputy Assistant General Richard A. Powers reiterated the Division’s intent to bring more cases to trial and touted the Division’s record number of open...more

The Volkov Law Group

DOJ Snares Two More Guilty Pleas in Ongoing Criminal Investigation of Commercial Flooring Business

The Volkov Law Group on

The Justice Department’s Antitrust Division has had a rough year in the criminal arena.  While the Antitrust Division has aggressively blocked several proposed mergers, it has lost several significant criminal cases. ...more

The Volkov Law Group

District Court Upholds Criminal Antitrust Charges for Labor Price-Fixing

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The Antitrust Division won a preliminary skirmish against two co-defendants who challenged the criminal indictment against them charging price-fixing in the labor market. District Court Judge Mazzant, in the Eastern District...more

McDermott Will & Emery

Clean Hands Can Stop More than COVID-19: Antitrust Risks in Times of Supply and Demand Shocks

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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,...more

Hogan Lovells

U.S. Department of Justice foreshadows criminal investigations into antitrust violations in public procurement

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Japanese companies involved in U.S. public procurement should be aware: The Department of Justice (DOJ) Antitrust Division (Division) has publicly announced that it is prioritizing investigations of criminal antitrust...more

The Volkov Law Group

DOJ’s Antitrust Division Issues New Guidance for Evaluation of Corporate Compliance Programs (Part II of II)

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As part of its new corporate compliance credit program, the Justice Department’ Antitrust Division issued, for the first time in its history, guidance to assist prosecutors in the evaluation of compliance programs at the...more

Polsinelli

DOJ Antitrust Division Issues Landmark Policy to Incentivize Corporate Antitrust Compliance

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Recently, Assistant Attorney General Makan Delrahim announced the Department of Justice, Antitrust Division’s new policy for incentivizing corporate antitrust compliance. For the first time in DOJ history, this new policy...more

Morgan Lewis

The Government’s Creative Use of the Travel Act in Healthcare Fraud Prosecutions

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The US government continues its focus on healthcare fraud through criminal actions. It has demonstrated its willingness to pursue physicians and investors alike and to take creative approaches in order to secure convictions....more

Jones Day

U.S. DOJ Signals Renewed Interest in Interlocking Directorates

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The U.S. Department of Justice Antitrust Division ("DOJ”) announced that it is investigating director interlocks with a specific focus on "accounting for modern corporate structures." Interlocks have attracted relatively...more

Troutman Pepper Locke

A New Antitrust Risk for Investment Firms: Common Ownership of Competitors

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Press reports have revealed that the U.S. Department of Justice Antitrust Division, in its ongoing investigation of the major airlines for price-fixing and collusion, has requested that the airlines disclose information about...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Insights Conversations: Cartels"

With improved coordination among agencies and across borders and the threat of dual criminal and civil enforcement, companies facing cartel investigations must navigate an increasingly complex environment. Skadden partners...more

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