I have not written a blog post in some time. Been busy, or perhaps a bit lazy, but the Fourth Circuit opinion in United States v. Brewbaker, __ F. 4th __(4th Cir. 12/1/2023), 2023 Westlaw 8286490 caught my attention. The
Cartel Capers
Latest from Cartel Capers - Page 2
A Practical Look at Why A Criminal Antitrust Whistleblower Statute is Needed
Below is an updated version of a previous blog post I ran about the need for a criminal antitrust whistleblower statute. Revised with new typos:
I have been advocating for some time that cartel whistleblower legislation be passed. …
The Deterrent Dilemma: Individuals or Corporations? It Should Be Both.
At the recent American Bar Association’s National Institute on White Collar Crime, Deputy Attorney General Lisa O. Monaco and Assistant Attorney General Kenneth A. Polite gave major talks outlining further developments inDepartment of Justice’s Corporate Criminal Enforcement Policy. The…
The Rule of Lenity and the Per Se Rule
Last week the Supreme Court decided a case interpreting the Bank Secrecy Act, Bittner v. U.S., 598 U.S. __(2023). Justice Ketanji Brown Jackson joined Justice Neil Gorsuch’s opinion for the majority in a 5-4 decision. The case revolved…
“I Got A Rock”
In the Charlie Brown Halloween Special, when the Peanuts gang looks into their goody bag, Lucy says: “I got five pieces of candy.” Sally says: “I got a chocolate bar.” Pigpen says, “I got a quarter.” Charlie Brown says:…
Bamboozled?
One of the saddest lessons of history is this: If we’ve been bamboozled long enough, we tend to reject any evidence of the bamboozle. We’re no longer interested in finding out the truth. The bamboozle has captured us. It’s simply…
Per Se Rules Notches Another Labor Market Pretrial Win, But…
The defendants in the aerospace’s labor market allocation case, US v. Patel, No.3-21-cr-220 (D. Conn. Dec. 2, 2022) (VAB), filed a motion to dismiss the indictment on various grounds related to the application of the per se rule…
Listen….
Two items recently in the cartel news caught my eye because they have something in common: the chicken parts criminal price fixing prosecution failures and Donald C. Klawiter’s article calling for A Really New Leniency Program: A…
Announcement: Antitrust Division, USDOJ Recruiting Event for Law Students and Recent Grads
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…
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…