Episode 377 -- Refocusing Due Diligence on Cartels and TCOs
Cornerstone Research Connects: The CAT Judgment in Trucks
JONES DAY TALKS®: Private Antitrust Litigation in Spain
JONES DAY TALKS®: Private Antitrust Litigation in the Netherlands
Antitrust Enforcement and Compliance Programs
Grassley: HSBC Should Face Criminal Charges
It just got much riskier to do business in Mexico. On June 25, 2025, the US Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) issued a novel set of orders finding three financial institutions in...more
Designed for busy in-house counsel, compliance professionals, and anti-corruption lawyers, this newsletter summarizes some of the most important international anti-corruption law and enforcement developments from the past...more
On June 10, 2025, the Deputy Attorney General issued the highly anticipated Guidelines for Investigations and Enforcement of the Foreign Corrupt Practices Act (FCPA) (“Guidelines”), complying with the directive in President...more
State attorneys general (AGs) have recently signaled a more aggressive stance toward their own criminal antitrust enforcement. If they realize their ambitions, this could presage a notable shift in the US enforcement...more
As previously predicted, the new year and change of administration in the U.S. brought a series of notable developments in criminal antitrust enforcement. Recent actions indicate that the new antitrust leadership in the...more
The State Department’s February 20, 2025, designation of specific Mexican drug cartels and Transnational Criminal Organizations (TCOs) as foreign terrorist organizations (FTOs) creates serious new risks for businesses...more
Despite geopolitical uncertainty and regime changes, global cartel enforcement has remained relatively steady over the last few years. That is not to say, however, that cartel investigations and private cartel enforcement...more
On February 10, 2025, President Trump issued a new Executive Order (“EO”) titled “Pausing Foreign Corrupt Practice Act Enforcement to Further American Economic and National Security.” This EO comes on the tail of Attorney...more
Despite the summer doldrums, cartel enforcers around the world had several notable enforcement actions and, perhaps more importantly, signaled a busy fall and winter. In the United States, the Department of Justice’s...more
As anticipated, cartel enforcement is ramping up at the start of 2024 and investigations relating to artificial intelligence (AI) are taking center stage. Leadership of both the broader Department of Justice (DOJ) and the...more
In 2023, cartel fines in key jurisdictions increased by 7.7%—totaling $1.4 billion—compared to 2022. While the totals remain significantly below the peaks seen in the mid-2010s, 2023 saw record fines imposed in several...more
The year 2023 ended with a bang in the cartel space, with a federal court of appeals upending what was long believed to be the scope of conduct that should be considered per se under the Sherman Act. The new year, 2024,...more
The European Commission (EC) has fined five pharmaceutical companies a total of EUR13.4 million for participating in a cartel concerning N-Butylbromide Scopolamine/Hyoscine (SNBB) – an active pharmaceutical ingredient (API)...more
2022 saw a mixed picture in terms of antitrust enforcement across the globe. For the jurisdictions surveyed in our report, global fine totals were down significantly from 2021 (USD3.5bn, compared to USD11.3bn), with the U.S.,...more
Significant amendments to Canada’s Competition Act (Act) dominated discussion about Canadian competition law policy and enforcement in 2022. Given the full implementation of the first round of amendments and the formal...more
On December 12, 2022, the Dutch Arnhem-Leeuwarden Court of Appeal (the court) confirmed that a former director of Heiploeg, a North Sea shrimp supplier, was personally liable for over €13 million in damages ($13.8 million) as...more
For nearly 50 years, the Antitrust Division of the United States Department of Justice (DOJ) has brought federal criminal charges only for allegations of illegal coordinated behavior among competitors in violation of...more
The European Commission (the “Commission”) has published new guidance on its leniency policy and practice to encourage whistleblowers to come forward and self-report cartel activity to obtain leniency at a time when leniency...more
On October 25, 2022, the European Commission (EC) published additional guidance on cartel leniency applications, in the form of Frequently Asked Questions (FAQs). The FAQs do not change the standard for leniency applications...more
Historically, companies gave little thought to antitrust considerations when they developed environmental, social, and governance (“ESG”) goals and plans. Recently, this has changed....more
On 2 June 2022, the Hong Kong Court of Appeal (“Court”) handed down a judgment almost doubling the financial penalties imposed by the Competition Tribunal (“Tribunal”) on five respondents in two decisions. The Tribunal had...more
The end of 2021 continued to be a busy time for antitrust enforcers in the U.S. and around the world. Perhaps most notably, in November the Senate confirmed Jonathan Kanter to lead the U.S. Department of Justice’s Antitrust...more
More than halfway through the year, 2021 has shaped up to be another busy time for antitrust enforcers. In July, the Biden administration confirmed that antitrust remains a top priority by issuing a sweeping Executive Order,...more
The European Commission (EC) issued a EUR 875 million (USD 1.05 billion) cartel fine against German carmakers, namely BMW, Audi, Porsche, and Volkswagen (the latter three are all part of the Volkswagen Group). Daimler was...more