DOJ Cartel Investigations: Trends and Updates in 2017 & Beyond
With the far-flung trading operations of alleged price fixing in major industries, the United States Department of Justice's (DOJ’s) Antitrust Division has continued to strenuously pursue criminal cartel activities to dissuade corporate and individual offenders from committing future antitrust violations. The DOJ has long played a major role in cartel enforcement and investigations and has coordinated efforts with the European Union and other jurisdictions such as Canada and Brazil.
While a continuation of trends in criminal antitrust enforcement was seen this year, global cartel investigations remain one of the most serious legal issues a company and its executives can face. Listen as a panel of professionals, with extensive experience in collusion and cartel disputes including price-fixing, bid-rigging, and market allocations, provide a thorough discussion of the recent enforcement trends and updates in DOJ cartel investigations. The panel will also share expert thoughts on certain changes in policies and practices affecting cartel enforcement in recent years and will offer some practical strategies and real-world options for companies and their in-house counsel during an investigation.
- DOJ Cartel Investigations – Trends and Updates
- Pitfalls and Opportunities
- Future Trends for the Leniency Program
- Corporate and Individual Defense Insights
- DOJ’s Cartel Enforcement: What Lies Ahead?
- Trends for Plaintiffs and Defense in Class Actions
- Developing Factual and Legal Defenses
- Best Practices and Practical Strategies During an Investigation
- Changing trends in cartel enforcement
- After a period of aggressive cartel enforcement and related litigation with increased international collaboration, 2016 and 2017 showed a substantial decline in fines in the United States relative to previous years
- The focus appears to be changing from large cross-border global cartel investigations (e.g., automotive parts and financial benchmarks) to domestic industries (e.g., generic drugs and pharmaceuticals, packaged sea food)
- Enforcement actions in wage-fixing and no-poaching agreements will be an area of interest
- DOJ jointly with FTC announced that it will open criminal investigations into “naked” wage-fixing and no-poaching agreements and pursue civil actions against other types of employment-related conduct, such as companies sharing sensitive employee compensation information without actually agreeing to fix wages
- How will aggressive enforcement in these areas play out and what types of actions might one expect in the future?
- The innovative use of big data and algorithms with attendant procompetitive and potentially anticompetitive effects will pose challenges for competition law enforcement
- The widespread use of algorithms raises concerns as it can make it easier for firms to achieve and sustain collusion without any formal agreement or human interaction
- Should antitrust agencies revise the traditional concepts of agreement and tacit collusion for antitrust purposes?
- How might traditional antitrust tools be used to tackle some forms of algorithmic collusion?
Freitas Angell & Weinberg LLP
- Focus on other DOJ statements
- Foreclosures and bid rigging in California
- Judge Donato decisions
Who Should Attend:
- Corporate Investigators
- C-Suite Professionals
- Top Level Management
- Compliance Officers
- Corporate Lawyers
Dr. Mathur specializes in the application of economic theory, statistics, and econometric methods to antitrust, competition, and regulatory investigations. Her work has included evaluations of market structures and competition, the competitive effects of firm conduct, and the effects of government regulation on firms and consumers. She has extensive experience in collusion and cartel disputes including price-fixing, bid-rigging, and market allocations, and has conducted analyses relating to liability and the estimation of overcharge, pass through, lost profits, and damages. While at Analysis Group, Dr. Mathur has supported testifying experts and served as a consulting expert in a series of high-profile antitrust matters in the automobile, high-technology, media, telecommunications, pharmaceutical, and health services industries.
Dr. Mathur holds Ph.D. and M.A. degrees in economics from The University of Chicago and an A.B. degree in economics and mathematics from Mount Holyoke College.
Dr. Mathur specializes in the application of economic theory, statistics, and econometric methods to antitrust, competition, and regulatory investigations. Her …
Bob Freitas is a founding partner of Freitas Angell & Weinberg LLP, a Silicon Valley firm whose practice is focused on antitrust litigation and counseling, intellectual property litigation, representation of policyholders in insurance coverage claims and litigation, and complex litigation for technology companies. His antitrust work includes the defense of price fixing litigation, the representation of plaintiffs and defendants in monopolization cases, and disputes concerning the interface of antitrust and intellectual property law. Bob received a B.S. from the University of Oregon in 1974, a J.D. from University of California, Hastings College of the Law in 1977, and a Postgraduate Diploma in European Union Competition Law from King’s College London in 2015. He is a member of Phi Beta Kappa and Order of the Coif.
Bob Freitas is a founding partner of Freitas Angell & Weinberg LLP, a Silicon Valley firm whose practice is focused …
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Method of Presentation:
Experience in antitrust law
NASBA Field of Study:
Business Law - Technical
NY Category of CLE Credit:
Areas of Professional Practice
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About Analysis Group
Analysis Group is one of the largest private economics consulting firms, with more than 700 professionals across 11 offices in the United States, Canada, and China. Since 1981, we have provided expertise in economics, finance, health care analytics, and strategy to top law firms, Fortune 500 companies, and government agencies worldwide. Our internal experts, together with our network of affiliated experts from academia, industry, and government, offer our clients exceptional depth of expertise.
About Freitas Angell & Weinberg LLP
Freitas Angell & Weinberg LLP is a Silicon Valley law firm established in 2011 by former partners of Orrick, Herrington & Sutcliffe LLP. The firm’s In re TFT-LCD (Flat Panel) Antitrust Litigation price fixing trial win was a finalist for Global Competition Review’s 2014 Litigation of the Year award.