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

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