DOJ’s antitrust case against Google presents several interesting and difficult issues.  Google dominates the search engine market.  No one can question that.  But the question will eventually boil down to whether Google’s conduct, as a monopolist, resulted in consumer harm. Section 2 monopolization cases require more proof than whether a specific company has a monopoly.  The question boils down to whether Google engaged in exclusionary...

The Department of Justice and eleven state Attorneys General filed an antitrust case against Google in the United States Court for the District of Columbia.  DOJ’s filing was hurried at the behest of the Attorney General Bill Barr, and reflects DOJ’s growing focus on high-tech businesses and monopolization conduct.  DOJ’s case joins a long list of high-profile monopolization cases, including Microsoft, AT&T and IBM.  DOJ’s...

Elizabeth Slim, Senior Consultant at The Volkov Law Group, joins us for part II of her postings on the problem of human trafficking and recent guidance issued by FinCEN.  Elizabeth can be reached at [email protected]. Human traffickers, like all criminals, rely on the international financial system to facilitate their crimes and to disguise proceeds from their illegal activities.  Traffickers open bank accounts to deposit and...

Elizabeth Slim, Senior Consultant at The Volkov Law Group, joins us for a two-part posting on the problem of human trafficking and recent guidance issued by FinCEN.  Elizabeth can be reached at [email protected]. Human trafficking has become one of the most profitable forms of international crime.  At an estimated $150 billion worldwide per year, it ranks third to drug trafficking and counterfeit goods.  There are...

In the enforcement and compliance arena, there are instances of misconduct that underscore important governance principles. But this just sounds like a bunch of mumbo jumbo (the technical term, I know). In the face of inexplicable behavior and failures to act, I often come back to the simple, but powerful phrase, “You Should Have Known Better.”  The use of this phrase carries with it a...