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Supreme Court Denies Stolt-Nielsen's Certiorari Petition Challenging the DOJ's Decision to Prosecution

Client Alert | less than 1 min read | 10.31.06

The Supreme Court denied Stolt-Nielsen's cert petition challenge the Department of Justice's Antitrust Divisions' decision to prosecution the corporation which had previously been granted immunity exchange for its cooperation in an antitrust investigation. Stolt-Nielsen had initially received leniency in exchange for providing information in the alleged customer allocation and bid-rigging in the liquid-cargo shipping market. The Antitrust Division later decided to lift the immunity when it decided Stolt-Nielsen had not lived up to the immunity agreement. After the Court's decision, Stolt-Nielsen announced that it will file a motion to dismiss the indictment based upon the amnesty agreement, on Nov. 22, in U.S. District Court in Philadelphia.

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Client Alert | 3 min read | 04.17.26

The Show Must Go On – But Not Without Competition: DOJ Resolves Broadway Touring Antitrust Investigation with Non-Prosecution Agreement

On March 18, 2026, the Antitrust Division (Division) of the U.S. Department of Justice (DOJ) entered into a Non-Prosecution Agreement (“NPA”) with Broadway Across America (“BAA”), resolving a criminal antitrust investigation into agreements between BAA and another entertainment company (“Company A”) that included non-compete restrictions on Company A’s ability to offer potentially competing programming. Notably, the restrictions were contained in a vertical agreement by which BAA presented touring shows at theaters owned by Company A. The announcement is a reminder that the agencies continue to scrutinize non-compete agreements contained in business contracts, and all non-compete provisions, even those included between vertical partners, should be reviewed by antitrust counsel....