During the webinar, the team compared and contrasted enforcement priorities and actions from the Trump administration with the positions the Biden administration might take that are informed by campaign proposals and actions so far. The
As we predicted in Steptoe’s client webinar last week on “Antitrust Enforcement in the Biden Administration – What We Know from The First 100 Days,” on April 22, 2021 the US Supreme Court put an end to the Federal Trade Commission’s (FTC) longstanding practice under § 13(b) of the FTC Act of seeking disgorgement or restitution orders in cases brought by the agency in federal courts.
Continue Reading Supreme Court: FTC May Not Seek Restitution Directly in Federal Court
This month has so far seen two significant actions taken by the Department of Justice (DOJ) Antitrust Division (Antitrust Division) on wage-fixing and no-poach litigation and enforcement matters, which has shed additional light in an enforcement area that has needed it. Over the last few weeks, the Antitrust Division both served up its first indictment in a criminal wage-fixing case, and filed an amicus brief in a “no-poach” case to clarify its view of how the law should be interpreted relating to franchise agreements.
Continue Reading A Busy Month for DOJ on No-Poach/Wage-Fixing Enforcement Front
A little over a year after its creation the Procurement Collusion Strike Force has announced its first public indictments. The Strike Force was created to focus on rooting out collusion and related schemes aimed at impeding competition in public contracting. As DOJ made clear when the Strike Force was created, DOJ views price-fixing in government contracting as a particularly harmful since it directly harms U.S. taxpayers. The Strike Force includes prosecutors from both the DOJ Antitrust Division and United States Attorney’s offices, the FBI, and Inspectors General from the Department of Defense, the U.S. Postal Service, and the General Services Administration.
Continue Reading US Procurement Collusion Strike Force Issues Its First Indictment
(This is a cross-post from Steptoe’s new Investigations and Enforcement Blog.)
The Department of Justice Antitrust Division’s investigation into price-fixing by generic drug companies continues to remain one of the Antitrust Division’s most active matters. This week the Antitrust Division announced that it had indicted Teva Pharmaceuticals USA Inc. (Teva), the seventh company to reach a resolution with the Antitrust Division in this investigation. Teva is one of the largest pharmaceutical companies in the world.Continue Reading Another Generic Drug Company Accepts a Criminal Indictment Alleging Collusion
On June 22, 2020 the Department of Justice Antitrust Division (Antitrust Division) and the Securities and Exchange Commission (SEC) announced that they had signed an interagency Memorandum of Understanding (MOU) to allow for more cooperation and communication between the two agencies.
Last year, the Department of Justice Antitrust Division announced that it was creating a Procurement Collusion Strike Force (Strike Force) to focus on bid-rigging in public procurement noting that this area was “particularly vulnerable to collusion.” The creation of the Strike Force followed the Antitrust Division’s recent focus on anticompetitive conduct in government contracting.
Continue Reading DOJ Touts the Success of its Procurement Collusion Strike Force and Seeks a Global Effort on This Front
The US Department of Justice (DOJ) Antitrust Division recently issued a deferred prosecution agreement (DPA) to Florida Cancer Specialists & Research Institute (FCS), an oncology center in Florida. FCS admitted to allocating medical and radiation oncology treatments provided to cancer patients in Southwest Florida. In addition, FCS had to pay a $100 million monetary penalty,…
On Monday April 13, 2020, DOJ and the FTC issued a joint statement warning employers that COVID-19 does not provide a reason to tolerate anticompetitive conduct that harms workers. The agencies said that they are on alert for collusion and other anticompetitive conduct in labor markets during the crisis. They are focused on agreements to…
interIn this briefing, we describe how certain employment practices, such as no-poach or wage-fixing agreements, may infringe competition law, a topic that has recently taken centre stage in the US and is also firmly, although more discretely, on the radar of antitrust authorities in Europe, but perhaps not yet on that of companies. Here is why it should be.
Continue Reading New Year’s resolution for EU antitrust compliance teams: “Putting HR practices on my radar screen”