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Criminal Prosecution Sherman Act

Morrison & Foerster LLP

Show Them the Money: New Rewards Program Heightens Incentives for Antitrust Whistleblowers

On July 8, 2025, the Department of Justice Antitrust Division (the Division) announced a new program that could provide monetary payouts to individuals who report criminal antitrust violations. The program, described in a...more

Hogan Lovells

New DOJ Antitrust Division whistleblower program to offer monetary awards for reports of criminal antitrust violations

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The Department of Justice Antitrust Division (DOJ Antitrust Division) has announced that it is launching a Whistleblower Rewards Program that will offer monetary awards to individuals who report antitrust crimes. The new...more

Foley & Lardner LLP

Department of Justice Launches Program to Reward Antitrust Whistleblowers with Shares of Criminal Fines

Foley & Lardner LLP on

On July 8, 2025, the U.S. Department of Justice, Antitrust Division (“Antitrust Division”) announced a new “Whistleblower Rewards Program” to incentivize individuals to report criminal antitrust violations and related...more

Benesch

Dialysis & Nephrology Digest - May 2025

Benesch on

DOJ scores first victory in criminal antitrust labor market trial - A federal jury convicted a former home healthcare staffing executive in Las Vegas for orchestrating a three-year wage-fixing conspiracy targeting...more

DLA Piper

Three State-Level Developments Could Change the US Criminal Antitrust Enforcement Landscape

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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

McDermott Will & Emery

DOJ Secures Its First-Ever Conviction in a Criminal Antitrust Labor Market Trial

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On April 14, 2025, a federal jury convicted an executive in a wage-fixing conspiracy under the Sherman Act. This marks the first time, after many tries, that the US Department of Justice (DOJ) has secured a conviction in a...more

White & Case LLP

DOJ Secures First-Ever Guilty Verdict in Criminal Labor Market Antitrust Case: Conviction Also Highlights Fraud Risks in M&A Sale...

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A federal jury in Las Vegas has convicted Eduardo "Eddie" Lopez, a former executive of a home healthcare staffing company, on charges of wage-fixing and wire fraud. The conviction marks the first successful jury verdict for...more

Vinson & Elkins LLP

Wage-Fixing: An Alternative to DOJ’s No-Poach Prosecutions?

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On April 14, 2025, the Department of Justice (“DOJ”) obtained a high-profile “wage-fixing” conviction under the Sherman Act against a former executive of multiple home health care agencies (“HHAs”). A federal jury convicted...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

A&O Shearman

In-Home Nursing Agency Executive Convicted By Nevada Federal Jury In The Department Of Justice’s First Victory In A Wage-Fixing...

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On April 14, 2025, a federal jury in Nevada convicted a home healthcare nursing executive on one count of conspiracy to fix wages and five counts of wire fraud after a 15-day trial. The verdict represents the DOJ’s first...more

Vinson & Elkins LLP

California Poised to Sharpen Antitrust Enforcement with New Penalties

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California continues to ramp up recent efforts to ferret out anticompetitive conduct in the Golden State through oversight and enforcement. In 2023, the state appointed an antitrust prosecutor to head up its new Division of...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

BakerHostetler

Antitrust Sanctions: The Duty to Preserve Chats

BakerHostetler on

On August 5, 2024, District Judge Amit P. Mehta (U.S. District Court, District of Columbia) ruled in United States v. Google LLC that Google violated §2 of the Sherman Act by monopolizing the internet search engine market....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

WilmerHale

The Future of Criminal Cartwright Act Prosecutions

WilmerHale on

California Assistant Attorney General (AAG) Paula Blizzard recently announced that the California Attorney General’s Office (AGO) intends to “reinvigorat[e] criminal prosecutions” under California’s Cartwright Act, Cal. Bus....more

Troutman Pepper Locke

California DOJ to Ramp Up Criminal Antitrust Enforcement

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On March 6, the California Department of Justice’s (California DOJ) Antitrust Chief Paula Blizzard, announced at the American Bar Association’s National Institute on White Collar Crime that her office is planning to...more

Axinn, Veltrop & Harkrider LLP

Conspiracy Theories Newsletter, 2024 Edition: Eight Predictions for the Future of Cartel Enforcement

2023 was a dramatic year for criminal antitrust enforcement in the United States. The Antitrust Division of the U.S. Department of Justice (“DOJ”) garnered big wins: three convictions at trial,1 $267 million in criminal fines...more

Ballard Spahr LLP

DOJ Gives Up on Its Sole Remaining Criminal No-Poach Prosecution

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Summary - Following a string of unsuccessful prosecutions in the labor space, the DOJ Antitrust Division moved this week to dismiss its last indicted criminal no-poach case, which had been pending against Surgical Care...more

BakerHostetler

Criminal No-Poach Update: DOJ Seeks to Contain Fallout from Judgment of Acquittal

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The Department of Justice (DOJ) continues to pursue no-poach agreements as criminal conduct despite yet another recent defeat, this time in United States v. Patel. In Patel, the DOJ alleged that employees of an aerospace...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Can Non-Compete Agreements Lead to Jail Time?

Can non-compete agreements lead to criminal fines—or even jail time? Yes, they can. That is because violating the Sherman Antitrust Act can result in criminal charges, not just civil liability....more

Vinson & Elkins LLP

Criminalizing Monopolists: Sincere Revival, or DOJ Sabre-Rattling?

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Since early 2022, representatives of the U.S. Department of Justice’s (“DOJ”) Antitrust Division have made a series of increasingly strident public remarks about the Antitrust Division’s newfound willingness to criminally...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

Troutman Pepper Locke

DOJ Evolves Its Strategy of Increased Criminalization of Employment Restrictions Under Antitrust Laws

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The Biden administration’s Department of Justice (DOJ) Antitrust Division recently secured its first criminal conviction for a labor-side violation of Section 1 of the Sherman Act after VDA OC LLC (VDA) entered a guilty plea....more

Troutman Pepper Locke

DOJ Making Good on Section 2 Monopolization Enforcement Promises With Latest Criminal Indictment

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On Tuesday, December 6, the U.S. Department of Justice (DOJ), Antitrust Division, announced the unsealing of criminal charges against 12 individuals in the Southern District of Texas as part of an 11-year price fixing and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Is the DOJ’s First Criminal Monopolization Case in Decades More Bark Than Bite?

In October, the Department of Justice Antitrust Division announced its first criminal attempted monopolization charges in more than 40 years. In the case, U.S. v. Zito, Nathan Nephi Zito, the owner of a Montana paving...more

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