Bass, Berry & Sims is pleased to announce the release of the 13th annual Healthcare Fraud & Abuse Review examining important healthcare fraud developments in 2024. Compiled by the firm's Healthcare Fraud & Abuse Task Force,...more
The Antitrust Division of the Department of Justice issued updated Guidance in November on the evaluation of corporate compliance programs in criminal antitrust investigations. The 2024 Compliance Guidance continues to...more
The members of BakerHostetler’s Antitrust and Competition Team are pleased to present these additional brief updates from the conference sessions at this week’s ABA Antitrust Spring Meeting in Washington, D.C. ...more
When it comes to antitrust criminal enforcement, 2023 will be remembered as the year when the US Department of Justice’s (DOJ) Antitrust Division redefined and tested the outer boundaries of its authority. This report looks...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 U.S. Department of Justice Antitrust Division ("DOJ") recently resolved a criminal case with Teva Pharmaceuticals and Glenmark Pharmaceuticals via deferred prosecution agreements ("DPAs"), which include a novel remedy for...more
In late March, attendees gathered in Washington, D.C., for the ABA Antitrust Law Section’s 71st Annual Spring Meeting, including officials from state, federal and international antitrust enforcement agencies. These enforcers...more
On December 23, 2022, Congress passed the Consolidated Appropriations Act of 2023 (the “Act”) with bipartisan support. In addition to numerous spending provisions totaling $1.7 trillion, the Act includes antitrust-related...more
The US Department of Justice (DOJ) Antitrust Division announced significant guidance updates to its leniency program on April 4, 2022. Under the program, companies that self-report antitrust conspiratorial activity to the...more
The U.S. Department of Justice, Antitrust Division (Antitrust Division) announced several significant updates to its Leniency Policy on April 4, 2022. Under that policy, the first company or individual to report a criminal...more
The U.S. Department of Justice’s Procurement Collusion Strike Force has struck again. Launched in November 2019, PCSF is a multi-agency task force led by DOJ’s Antitrust Division and designed to combat antitrust crimes...more
Antitrust cartel and related collusive scheme enforcement is poised to increase. Several factors support this: (1) the Antitrust Division (the Division) has a 10% budget increase for Fiscal Year (FY) 2021; (2) proposed...more
A new year, a new administration in the United States, and new cartel enforcement leadership in the United Kingdom have begun. In the United States, first-of-their-kind criminal charges have been brought involving labor and...more
Congress recently took two steps towards incentivizing private participation in federal cartel enforcement: the permanent adoption of ACPERA, and enactment of the Criminal Antitrust Anti-Retaliation Act. While now companies...more
In 2020, like most other industries, the energy sector faced extreme challenges stemming from the pandemic. People were relying less on energy due to workforce and lifestyle changes. Last year also brought market dislocations...more
Indictment is DOJ's second recently filed in the North District of Texas. The Department of Justice ("DOJ") has brought a criminal indictment against a corporate defendant for agreeing with competitors not to solicit...more
Despite the ongoing coronavirus (COVID-19) pandemic, the work of antitrust enforcers has continued largely uninterrupted in the second half of 2020. The Department of Justice Antitrust Division (the “Division”) has announced...more
On September 24, the Antitrust Division of the United States Department of Justice (Division) announced the second criminal antitrust charge from its ongoing investigation into market allocation and other anticompetitive...more
The Department of Justice recently sent a stark message to medical providers (and other businesses) that agreements to allocate services, employees, and customers among competing providers will be prosecuted under criminal...more
On April 30, 2020, the United States Department of Justice Antitrust Division (DOJ) announced that it had brought a one-count felony charge against Florida Cancer Specialists & Research Institute LLC (FCS), an oncology group...more
Compliance Today (April 2020) The following are prepared remarks by Deputy Assistant Attorney General Richard A. Powers delivered February 7, 2020. He discussed recent litigation and enforcement actions; however, the...more
As businesses across the globe grapple with the changing realities presented by the COVID-19 pandemic, U.S. and international antitrust enforcers have warned that business should continue to mind the antitrust laws. Global...more
The Department of Justice Antitrust Division (DOJ) was active in 2019. At the beginning of 2019, the DOJ was preparing for trial in six matters and had 91 pending grand jury investigations. Throughout 2019, the DOJ made...more
In February, the American Bar Association’s Section of Antitrust Law and the International Bar Association’s Antitrust Committee hosted the 13th International Cartel Workshop in San Francisco. Over the course of three days,...more
When the DOJ is deciding whether to charge a company with a criminal antitrust violation, or agreeing to a deferred prosecution agreement (DPA), the effectiveness of a company’s antitrust compliance program is only one...more