Episode 467: Fewer Fines, More Prison: Criminal Antitrust Trends and Compliance Reminders

In this episode, Michael Volkov reviews six trends in criminal antitrust enforcement in 2026 and ten compliance reminders that follow from them. Drawing on the Antitrust Division’s statistics, budget submission, and recent speeches by its criminal enforcement chief, he explains that criminal cases filed have rebounded from 9 in fiscal 2023 to 27 in 2025, that prison sentences more than doubled while corporate fines collapsed, and that the docket is centered on government procurement, agriculture, and labor markets, with antitrust charges increasingly paired with fraud. He also covers the Division’s shift toward proactive investigations, the “two races” created by corporate leniency and the new whistleblower rewards program, and its record of trial and plea convictions. Michael closes with practical steps: map exposure, train the people who face competitors, use data to find problems first, treat pricing software as a compliance risk, build a fast reporting and leniency-decision path, preserve evidence properly, protect individuals, and keep the board informed.

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