In U.S. v. Topco Associates, Inc., 405 US 596, 610 (1972): Justice Thurgood Marshall famously stated that “[a] ntitrust laws in general, and the Sherman Act in particular, are the Magna Carta of free enterprise.” My shorter, less eloquent version
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It’s Time For A Criminal Antitrust Whistleblower Statute (It Was Time Last Year And The Year Before Too)
The Antitrust Section of the American Bar Association’s 14th International Cartel Workshop took place over June 27-29, 2022 in Lisbon, Portugal. By all accounts the conference was a success and well attended. The only thing missing was, um, any international…
Don’t be Chicken to Meet–The Case for Preindictment Meetings
If you have been following the price-fixing trials against the chicken industry executives, you know that after failing to convict any of the ten defendants in two previous trials, the Antitrust Division narrowed its case by dismissing five defendants. A…
Per Se Rule: “I’m Still Standing (Yeah yeah yeah!)”
It has become common for defendants indicted on criminal antitrust charges to argue that the use of the per se rule in their trial is unconstitutional. The United States, however, has beaten back each attack with ample precedent from the…
I Was Injured at the ABA Spring Meeting (Joking)
I am in Washington, D.C. for the ABA Antitrust Spring Meeting. My excitement that my suit still fits was short-lived as I painfully learned that my shoes do not. I’ve done a bit of walking and developed a nice blister…
AAG Kanter’s Remarks on Division’s Leniency Program Changes
On April 4, 2022 Assistant Attorney General Jonathan Kanter Delivered Opening Remarks at 2022 Spring Enforcers Summit in Washington, DC (here). AAG Kanter’s remarks outlined the Antitrust Division’s approach to merger enforcement explaining, “the Division has a preference for…
Panel Overload? Will My Suits Fit?–ABA and GCR Cartels Conferences
After two plus years of connecting with my colleagues via Zoom I am excited to be heading to Washington D.C. next week for two great competition law programs–the ABA Antitrust Spring Meeting and GCR Live–Cartels.
The GCR Live Cartel…
Attorney General Merrick B. Garland Delivers Remarks to the ABA Institute on White Collar Crime
Yesterday Attorney General Merrick B. Garland gave an important talk to the ABA Institute on White Collar Crime (here). The 2022 White Collar Crime National Institute in San Francisco is just ending: March 2-4, 2022.
The talk was…
Will the Supreme Court Grant Certiorari and Review the Per Se Rule?
I have no expertise in predicting whether the Supreme Court will grant certiorari on any given petition. But I am hopeful that the high court will do so on the issue of whether the application of the per se rule…
Antitrust Division, USDOJ Seeking To Fill Multiple Senior Trial Counsel Positions
Recently I ran a post about the FTC’s interest in hiring junior attorneys: “FTC Has the Help Wanted Sign Out.” Yesterday the Antitrust Division, USDOJ announced that it is seeking experienced trial lawyers to serve as first and…