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Corporate Counsel Antitrust Division Criminal Prosecution

Morrison & Foerster LLP

Quarterly Cartel Catch-Up – The Trump Administration’s Criminal Antitrust Enforcement Posture Takes Shape

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

McGuireWoods LLP

DOJ Gets First Guilty Verdict for Labor Market Collusion, A Caution to Employers

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On April 14, 2025, after a three-week trial, a federal jury in the U.S. District Court for the District of Nevada returned a guilty verdict on all six counts for Eduardo Lopez, a home healthcare staffing executive. Lopez was...more

Axinn, Veltrop & Harkrider LLP

A Labor of Love: Trump DOJ Obtains First Guilty Verdict in a Criminal Labor Case

In October 2016, the Obama Administration announced that it would criminally prosecute no-poach and wage-fixing agreements among competitors for talent. Starting in December 2020, through the Trump and Biden Administrations,...more

Vedder Price

DOJ Notches First Trial Win in Wage-Fixing Case

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On Monday, April 14, 2025, a federal jury convicted Eduardo “Eddie” Lopez of conspiring to fix the wages for home healthcare nurses in Las Vegas and for fraudulently failing to disclose the criminal antitrust investigation...more

Hogan Lovells

Spring into 2025: Key Trends in Global Cartel Enforcement

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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

McGuireWoods LLP

Supreme Court Denial Has Implications for Criminal Antitrust Enforcement

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On Nov. 12, 2024, the U.S. Supreme Court declined to review a court of appeals decision that has important implications for the Department of Justice’s criminal antitrust enforcement program. In United States v. Brewbaker,...more

Vedder Price

Takeaways from the Department of Justice’s November 2024 Corporate Compliance Program Guidelines

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On November 12, 2024, the Antitrust Division of the United States Department of Justice (DOJ) published updated guidance for its Evaluation of Corporate Compliance Programs in Antitrust Investigations. First published in...more

The Volkov Law Group

Antitrust Division Indicts Company, Executive and Employee for $100 Million Price-Fixing Conspiracy

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DOJ’s Antitrust Division has been relatively quiet in prosecuting criminal cartel or bid-rigging cases.  Since 2015, the Antitrust Division’s criminal enforcement has fallen from the billions in penalties each year to the...more

BakerHostetler

DOJ Takes a Cue from ‘Catch Me If You Can’ with Price-Fixing Plea Agreement

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The 2002 blockbuster film “Catch Me If You Can” chronicles the exploits of notorious check-writing fraudster Frank Abagnale Jr., his narrow escapes from capture, and his eventual apprehension abroad by American law...more

The Volkov Law Group

DOJ Suffers Rule 29 Dismissal of Criminal Antirust No-Poach Case in Aerospace Industry

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The Department of Justice’s Antitrust Division has suffered setbacks in its precedent-setting criminal prosecution of no-poach agreements in labor markets.  The latest and perhaps most surprising defeat occurred when the...more

McGuireWoods LLP

Trial Court Rejects DOJ Antitrust Division’s No-Poach Legal Theory and Acquits Defendants

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On April 28, 2023, the Department of Justice Antitrust Division suffered another setback to its expanded criminal prosecution of no-poach agreements. The trial court in United States v. Patel, et al., granted a motion to...more

Mintz - Antitrust Viewpoints

DOJ Antitrust Division Announces Indictment Against Health Care Staffing Executive For Nurse Wage-Fixing

On March 16, the U.S. Department of Justice Antitrust Division (“DOJ Antitrust Division”) announced that a federal grand jury returned an indictment charging a former health care staffing executive of fixing wages for nurses....more

Foley Hoag LLP - White Collar Law &...

The DOJ Gets the Green Light in its Latest No-Poach Criminal Prosecution

It has been a tumultuous year for the Department of Justice (“DOJ”) and its recent no-poach criminal prosecution strategy. No-poach agreements, which are arrangements between companies that place restrictions on the hiring...more

Dorsey & Whitney LLP

After Nearly Fifty Years of Dormancy, Criminal Monopolization Charges Have Returned

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​​​​​​​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

Vinson & Elkins LLP

Back-to-Back Trial Losses Unlikely to Deter Antitrust Division’s Efforts to Take on Labor Market Prosecutions

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In the span of 24 hours, two closely-watched federal jury trials both ended in defeat last week for the Department of Justice, Antitrust Division (“the Division”). The trials were considered bellwethers in gauging how the...more

Vinson & Elkins LLP

DOJ Antitrust Division’s Updates to Long-Standing Leniency Program Trigger Concern

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On April 4, 2022, the Department of Justice (“DOJ”) Antitrust Division (the “Division”) announced important policy and practice changes to its leniency program (the “Leniency Program”) — the first substantive changes to the...more

Sheppard Mullin Richter & Hampton LLP

Executives Beware: DOJ Antitrust Division is Taking a Hard Look at a Wide Spectrum of Potential Criminal Violations

On March 2, Deputy Assistant Attorney General Richard Powers laid out a significant and aggressive criminal enforcement agenda for the Antitrust Division of the Department of Justice. While speaking at the the ABA National...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel – Q4 2021

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

Sheppard Mullin Richter & Hampton LLP

Taboola the Latest Target of DOJ’s Aggressive Antitrust Scrutiny of Hiring Practices

The Department of Justice, Antitrust Division (“DOJ”) continues to investigate hiring practices in a number of industries for potential antitrust violations as part of its effort to scrutinize, and in some instances,...more

Morrison & Foerster LLP

Antitrust Division Seeks To Hire Dozens Of Additional Attorneys, Signaling Increased Enforcement Efforts

On February 11, 2020, the Department of Justice (DOJ) submitted its budget request to Congress for fiscal year 2021, which includes a 13% increase in funding for the Antitrust Division. Overall, the Division is requesting a...more

Womble Bond Dickinson

Senate Bolsters Protections for Antitrust Whistleblowers

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On October 17, the United States Senate passed S.2258, the Criminal Antitrust Anti-Retaliation Act of 2019 (“CAARA”). If enacted, it would amend the 2004 Antitrust Criminal Penalty Enhancement and Reform Act, which limited...more

Orrick - Antitrust Watch

DOJ Changes Course and Announces That It Will Favorably Consider “Robust” Antitrust Compliance Programs at Both the Charging and...

Benjamin Franklin once observed that “an ounce of prevention is worth a pound of cure.” In the antitrust context, this means that most, if not all, companies will want as a matter of course to adopt and maintain an antitrust...more

Perkins Coie

The Calm Before the Storm—Are You Prepared for an Antitrust Search Warrant?

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From 2010 to 2015, the Antitrust Division of the U.S. Department of Justice filed criminal charges against more than 120 corporations and more than 350 individuals, and collected fines and penalties of more than $8 billion....more

K&L Gates LLP

DOJ Antitrust Division Provides Additional Insight on Its Analysis of No-Poach Agreements that May Be Subject to Criminal...

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Since 2016, the U.S. Department of Justice Antitrust Division (“DOJ” or “Division”) has increased its enforcement focus on agreements between labor market competitors not to hire each other’s employees — also known as...more

Sheppard Mullin Richter & Hampton LLP

Senior Executive Type B Amnesty Redux - A Rare Correction From DOJ (Or Not?)

Last year, as noted in this blog, the Antitrust Division issued one of its fairly rare but critically important “Frequently Asked Questions” publications concerning its Amnesty Program. In January 2017, DOJ said explicitly...more

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