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  On July 11, 2019, from 5:30 to 7:45 p.m., the Program on Corporate Compliance and Enforcement will host a speech, A New Model for Incentivizing Antitrust Compliance Programs, given by Makan Delrahim, Assistant Attorney General, Antitrust Division, U.S. Department of Justice. AAG Delrahim will announce the Antitrust Division’s new approach to evaluating corporate compliance programs in criminal antitrust investigations. The speech will be followed by a question and answer session with the AAG, as…
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I am a bit obsessed with trying to gain support for a criminal cartel whistleblower statute.  Toward that end, I often comment on the wildly successful SEC fraud whistleblower statute and why I think a cartel whistleblower statute would have equally positive results. A May 24, 2019 Wall Street Journal column by Mengqi Sun and Kristin Broughton (here) reported that: A former orthopedic surgeon in Brazil received an award of more than $4.5 million for raising concerns…
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Assistant Attorney General Makan Delrahim gave a talk on Friday, May 10, 2019 at an ABA Antitrust Section of Law conference in Buenos Aires, Argentina. The full remarks can be read here. Mr. Delrahim made reference to two policy changes that are in the works involving two key Antitrust Division policies : 1) Corporate Leniency; and 2) Credit for Compliance Programs.  This talk did not indicate what changes may be in store, but Mr. Delrahim’s remarks…
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On Tuesday May 7, 2019, Deputy Assistant Attorney General Roger Alford spoke at the 2019 China Competition Policy Forum in Hainan, China.   Mr. Alford’s prepared remarks can be found here. Mr. Alford’s remarks were largely about agency cooperation in international antitrust enforcement. He discussed the Multilateral Framework on Procedures in Competition Law Investigation and Enforcement (“MFP”).  The MFP strengthened and promoted due process in global competition law enforcement, and helped improve cooperation among competition agencies…
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Anyone who has ever worked in the Antitrust Division, U.S. Department of Justice has described it as the best job they ever had.  I’m included in that group.  So when I noticed what looked like an unusually large number of experienced attorney job positions being advertised, I thought I’d pass on the USA jobs link here. There are various positions being advertised on both the civil and criminal side.  If you’re interested, good luck.  …
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The Department of Justice’s Antitrust Division today issued the 2019 edition of its annual Spring Newsletter on its website. The Newsletter highlights the Antitrust Division’s recent activities and successes on civil and criminal enforcement, international cooperation, and competition advocacy. The Newsletter also includes a message from Assistant Attorney General Makan Delrahim. “In early March 2019, the Division announced this year’s Antitrust AAG Awards, and I encouraged those in attendance to take a moment to remember…
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Bob Connolly  bob@reconnollylaw.com              I have been very interested in constitutional challenges to the per se rule in criminal Section 1 Sherman Act prosecutions.  I have reluctantly come to the conclusion that the per se rule is unconstitutional.  I say “reluctantly” because I do believe that cartels are “the supreme evil of antitrust” and I offer some fixes to still maintain a robust cartel enforcement program. I have two versions of the article.  I…
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United States v. Kemp & Associates and Daniel Mannix, Case No., 2:16-cr-403 (DS). JudgeSamPerSeMemorandum On August 17, 2016 the defendants in this case were indicted on one count of violating §1 of the Sherman Act by agreeing to allocate customers of heir location services sold in the United States.  Utah District Court Judge David Sam initially agreed with the defendants that the case should be tried under the Rule of Reason.  Judge Sam also granted…
Below is a post by Ai Deng, Phd of NERA Economic Consulting on Algorithmic Antitrust Compliance **************************************** I had the distinct honor of offering live testimony last November on the issue of algorithmic collusion at the FTC’s Hearings on Competition and Consumer Protection in the 21st Century. And having written a lot about the “dark side” of algorithms (see, here [https://ssrn.com/abstract=3029662], here [https://ssrn.com/abstract=3082514], and here [https://ssrn.com/abstract=3171315]), I think it is…
I want to thank my friend Jeffrey May of Wolters Kluwer Antitrust Law Daily for helping to get my new article, with Kimberly Justice, published.  Below is the summary of the article by the Antitrust Law Daily with a link to the article itself. STRATEGIC PERSPECTIVES: Former Antitrust Division prosecutors say time is now for criminal antitrust whistleblower statute By WK Editorial Staff With the Republican Senate, new House Democratic majority, and the expected…