In this issue:
- Increased scrutiny of algorithmic collusion at the litigation, enforcement and legislation levels.
- Will the “extraordinary remedy” requiring divestiture of business lines in two criminal deferred prosecution agreements be used as a model in future cases?
- Fourth Circuit reverses Sherman Act bid-rigging conviction involving “hybrid” vertical and horizontal components and declines to rehear the case en banc.
- DOJ emphasizes the use of court-authorized Title III wiretaps and obtaining recorded conversations along with other investigation tools.
- DOJ and FTC jointly update preservation obligations for collaboration tools and ephemeral messaging in antitrust investigations.
- Are more international cartel enforcement investigations and cases pending based on open grand jury investigations?
- DOJ maintains focus on labor market prosecutions notwithstanding recent trial losses.
- DOJ reports $267 million in criminal fines and penalties for FY 2023.
- Procurement Collusion Strike Force (PCSF) continues active enforcement and hosts L.A. summit.
- Antitrust enforcer confirms renewed focus on criminal prosecutions under the Cartwright Act.
Download: Cartel Enforcement Trends and Developments