Antitrust Investigations
Overview
Antitrust enforcement has exploded in recent years, with the U.S. Department of Justice obtaining record-setting fines and prison terms for criminal antitrust violations implicating companies whose products and services are household names. At the same time, the DOJ, Federal Trade Commission, and state attorneys general have also pursued high-profile civil conduct investigations of major corporations in a number of industries including telecommunications and technology. In this high-risk environment, corporations must be more careful than ever in their dealings with competitors - and the importance of retaining experienced, effective legal counsel has never been higher.
Contacts
Insights
Client Alert | 6 min read | 12.09.24
Eleven States Sue Asset Managers Alleging ESG Conspiracy to Restrict Coal Production
On November 27, 2024, a group of eleven state attorneys general (the “AGs”) sued three of the world’s largest asset managers (the “Asset Managers”), accusing them of anticompetitive stock acquisitions, deceptive asset management practices, and an antitrust conspiracy to restrict coal output. The states seek declaratory and injunctive relief including divestitures, as well as fines under state laws, although the allegations could provide a basis for follow-on private treble damages claims under the antitrust laws.
Firm News | 2 min read | 10.18.24
The Recorder Honors Chahira Solh for Distinguished Leadership
Firm News | 9 min read | 06.06.24
Firm News | 2 min read | 02.13.24
Representative Matters
- Representing a major multinational corporation in an auto parts price-fixing cartel investigation. In this case, the DOJ’s largest-ever criminal antitrust investigation, we successfully negotiated a closure of the investigation with no penalties despite the presence of an amnesty applicant.
- Negotiating a leniency petition in a global cartel investigation. Despite evidence of obstruction of justice by one of our corporate client's senior executives and his subordinate, we successfully resolved the matter.
- Negotiating a favorable plea resolution in a major global price-fixing investigation. We persuaded the DOJ that certain conduct constituted a separate conspiracy and was therefore beyond the statute of limitations.
- Negotiating an amnesty agreement with the DOJ. We helped the client company and its employees avoid any criminal charges associated with a price-fixing conspiracy that resulted in indictments and convictions of other participants.
- Persuading senior DOJ officials to overrule a staff recommendation to indict. We were able to prevent action against our corporate client for price fixing despite evidence from a competitor with amnesty.
- Representing individual defendants in high-profile cartel investigations. We have successfully advised a number of individuals targeted in investigations involving auto parts, financial products, generic pharmaceuticals, and others products and services: for many of these clients we were able to secure carve-out status.
- Representing a major telecommunications company in a DOJ civil investigation. We are defending our client against allegations of collusive conduct with competitors.
- Representing clients in investigations before the FTC and/or state attorneys general. In numerous matters involving animal health products, musical instruments, printing supplies, and aerospace products, among others, we have successfully convinced the agency to close the investigations without action.
- Conducting internal investigations in the United States and in Europe in sectors ranging from oilfield services to building products to transportation.
- Developing an audit of a client’s trade association memberships and the level of antitrust compliance and sophistication. Following our audit, our client determined that it should eliminate nearly half of its association memberships and made requests of other associations that they enhance their antitrust compliance.
Contacts
Insights
Client Alert | 6 min read | 12.09.24
Eleven States Sue Asset Managers Alleging ESG Conspiracy to Restrict Coal Production
On November 27, 2024, a group of eleven state attorneys general (the “AGs”) sued three of the world’s largest asset managers (the “Asset Managers”), accusing them of anticompetitive stock acquisitions, deceptive asset management practices, and an antitrust conspiracy to restrict coal output. The states seek declaratory and injunctive relief including divestitures, as well as fines under state laws, although the allegations could provide a basis for follow-on private treble damages claims under the antitrust laws.
Firm News | 2 min read | 10.18.24
The Recorder Honors Chahira Solh for Distinguished Leadership
Firm News | 9 min read | 06.06.24
Firm News | 2 min read | 02.13.24
Insights
Professionals
Insights
Client Alert | 6 min read | 12.09.24
Eleven States Sue Asset Managers Alleging ESG Conspiracy to Restrict Coal Production
On November 27, 2024, a group of eleven state attorneys general (the “AGs”) sued three of the world’s largest asset managers (the “Asset Managers”), accusing them of anticompetitive stock acquisitions, deceptive asset management practices, and an antitrust conspiracy to restrict coal output. The states seek declaratory and injunctive relief including divestitures, as well as fines under state laws, although the allegations could provide a basis for follow-on private treble damages claims under the antitrust laws.
Firm News | 2 min read | 10.18.24
The Recorder Honors Chahira Solh for Distinguished Leadership
Firm News | 9 min read | 06.06.24
Firm News | 2 min read | 02.13.24