Cartel Enforcement Trends and Developments

Pillsbury

03.25.24

In this issue:

Increased scrutiny of algorithmic collusion at the litigation, enforcement and legislation levels.
Will the “extraordinary remedy” requiring divestiture of business lines in two criminal deferred prosecution agreements be used as a model in future cases?
Fourth Circuit reverses Sherman Act bid-rigging conviction involving “hybrid” vertical and horizontal components and declines to rehear the case en banc.
DOJ emphasizes the use of court-authorized Title III wiretaps and obtaining recorded conversations along with other investigation tools.
DOJ and FTC jointly update preservation obligations for collaboration tools and ephemeral messaging in antitrust investigations.
Are more international cartel enforcement investigations and cases pending based on open grand jury investigations?
DOJ maintains focus on labor market prosecutions notwithstanding recent trial losses.
DOJ reports $267 million in criminal fines and penalties for FY 2023.
The Procurement Collusion Strike Force (PCSF) continues active enforcement and hosts L.A. summit.
Antitrust enforcer confirms renewed focus on criminal prosecutions under the Cartwright Act.