I am continuing my research and writing a paper for the Antitrust, Unfair Competition and Privacy Section of the California Bar Association.  Below is an excerpt on an issue I am trying to think through. ************************************* Section 1 of the Sherman Act states, “[e]very contract, combination . . . , or conspiracy, in restraint of trade or commerce . . . is declared to be illegal.”[1]  The Supreme Court has said: “the problem…

I explained in an earlier blog post that a criminal antitrust case had reached the Supreme Court where defendants convicted of bid rigging at public real estate foreclosure auctions had challenged the constitutionality of the per se rule.  On Monday, the Supreme Court declined to review the criminal antitrust convictions, leaving in place the per se rule in criminal antitrust cases. As usual, the Supreme Court offered no explanation for denying cert in this case.…

My former DOJ colleague and whistleblowing writing partner, Kimberly Justice and I published an article in Competition, the official publication of the Antitrust, UCL and Privacy Section of the California Lawyers Association (CLA). CLA members can read the article online (here).  The article has information about handling False Claim Act cases and calls for the Antitrust Division to more actively encourage whistleblowers and stronger criminal antitrust whistleblower legislation. The article opens: “In the two decades…

As noted in earlier blog posts, three defendants convicted of bid rigging at public real estate foreclosure auctions have filed a cert petition in the Supreme Court challenging the per se rule in criminal cases.  The essence of the argument is that by instructing the jury that bid rigging/price fixing is a per se violation of the Sherman Act, the court unconstitutionally removes from the jury the question of whether the agreement was a restraint…

Bob Connolly  The Antitrust Division, in conjunction with US Attorneys’ Offices, the FBI, and various government agencies’ Inspector General’s Offices, announces that they have launched a strike force to help uncover bidding collusion on government contracts. The quote below is from the press release Justice Department Announces Procurement Collusion Strike Force: a Coordinated National Response to Combat Antitrust Crimes and Related Schemes in Government Procurement, Grant and Program Funding:. Prosecutors from the Antitrust Division and…

A petition for review is before the Supreme Court filed by three California real estate investors who were convicted after trial under Section 1 of the Sherman Act for bid rigging at real estate foreclosure auctions.  The defendants preserved their objection that the application of the per se rule was unconstitutional because it took an element of the offense [was the agreement in restraint of trade?] away from the jury once the court decided the…

I moved to California a few years ago and I have loved living here.  I also became active in the California Lawyers Association and particularly, the Antitrust, Unfair Competition Law (UCL) and Privacy section.  It’s a great group of people and very diverse along practice areas, levels of experience and interests.  The Section puts out some great work product including an event I’d like to recommend. The Antitrust, UCL and Privacy Section is hosting the…