Tagged: Antitrust Division

Antitrust Division Revises Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations

The Department of Justice Antitrust Division’s is playing catch up to the Criminal Division on compliance leadership.  DOJ’s Criminal Division has issued four separate revisions to its Evaluation of Corporate Compliance Programs.  This is the Antitrust Division’s first revision to its Evaluation of Corporate Compliance Programs.  The Antitrust Division’s revisions mirror many of the Criminal Division’s recent revisions with a particular focus on emerging technologies,...

Antitrust Division AAG Outlines Need for More Aggressive Antitrust Enforcement in the Healthcare Industry

Antitrust Division AAG Outlines Need for More Aggressive Antitrust Enforcement in the Healthcare Industry

In an interesting political twist, the difference in approaches to antitrust enforcement between Democrat and Republican Administrations has been narrowing.  It used to be that the difference in party control of the Antitrust Division and the Federal Trade Commission would have a significant impact on enforcement priorities.  That gap is definitely changing and reflects growing agreement in the public in preventing anti-competitive conduct. Much of...

DOJ Antitrust Division Launches New Task Force on Health Care Monopolies and Collusion

DOJ Antitrust Division Launches New Task Force on Health Care Monopolies and Collusion

The U.S. Department of Justice’s Antitrust Division has intensified its scrutiny of healthcare platforms that integrate doctors with insurers, data, and other assets. Assistant Attorney General Jonathan Kanter described this trend as an “alarming” concentration of resources. In a significant move, the DOJ announced the establishment of the Task Force on Health Care Monopolies and Collusion. Kanter emphasized during a Washington Post Live event that...

Department of Justice’s Antitrust Division Sues Google (Again) for Monopolization of the Digital Advertising Market

Department of Justice’s Antitrust Division Sues Google (Again) for Monopolization of the Digital Advertising Market

In a significant action, DOJ’s Antitrust Division filed a complex complaint against Google charging it with a long-time scheme over 15 years to monopolize the digital advertising market. DOJ was joined by Attorneys General of California, Colorado, Connecticut, New Jersey, New York, Rhode Island, Tennessee, and Virginia. DOJ filed a separate antitrust case in 2020 against Google for monopolizing search and search advertising, which are...

Antitrust Division Secures First Criminal Attempted Monopolization Guilty Plea in Decades

Antitrust Division Secures First Criminal Attempted Monopolization Guilty Plea in Decades

In yet another indication of the renewed, aggressive antitrust enforcement program, the Justice Department recently announced the first attempted criminal monopolization case in decades — Nathan Nephi Zito, the president of a paving and asphalt company in Billings, Montana, pleaded guilty to attempting to monopolize the market for highway crack-sealing services in Montana and Wyoming. In a famous civil prosecution in the 1980s, Robert L....

DOJ’s Antitrust Division Begins Trials to Block Two Large Mergers

DOJ’s Antitrust Division Begins Trials to Block Two Large Mergers

The Justice Department’s Antitrust Division continues to push its aggressive civil and criminal agenda.  While the Division has lost several high-profile criminal cases in the chicken processing industry and the labor market, the Antitrust Division just recently started civil trials seeking to block two proposed mergers or acquisitions. The first case involves United Health Group’s proposed acquisition of Change Healthcare, a provider of health insurance...

Episode 230 — Catching Up with DOJ’s Antitrust Division Enforcement Efforts

Episode 230 — Catching Up with DOJ’s Antitrust Division Enforcement Efforts

The Antitrust Division’s Assistant Attorney General Jonathan Kanter promised a new era in antitrust enforcement.  He won bi-partisan support from both Republicans and Democrats.  Across the antitrust field, he promised aggressive merger enforcement, civil enforcement against digital markets, and constraint of market power in numerous industries.  AAG Kanter promised a new approach and he is delivering. In this Episode, Michael Volkov reviews the Antitrust Division’s...

Antitrust Division Launches Broad Investigation of High-Tech Industry

Antitrust Division Launches Broad Investigation of High-Tech Industry

When it comes to the Justice Department and reading the tea leaves, I often rely on a very obvious point – DOJ tells you in advance what it is planning and then executes its plan.  This has been true in the FCPA arena, prosecution of the opioid cases, targeting health care fraud and a history of initiatives.  DOJ is fairly transparent on its priorities.  Recently,...

Japanese Electrolytic Capacitor Manufacturer Sentenced to Pay $60 Million for Criminal Price-Fixing

Japanese Electrolytic Capacitor Manufacturer Sentenced to Pay $60 Million for Criminal Price-Fixing

The Justice Department’s Antitrust Division had a slow year in criminal antitrust cases.  There are a number of explanations for the slowdown in criminal cases – the most persuasive is that such a slowdown is part of normal case processing ups and downs, especially as several significant investigations (e.g. auto parts suppliers) are coming to a close. One criminal antitrust investigation is picking up speed...

The Often Ignored Importance of Antitrust Compliance (Part I of II)

If you ask any Chief Compliance Officer whether their compliance program includes antitrust laws, they will respond quickly and tell you – “Of course we do.” If you follow up you initial question and ask how do you ensure compliance you will hear a single response – “We conduct training.” When you scratch the surface on antitrust compliance at major companies, you will usually hear...