Client Services / Antitrust & Competition / Cartel Investigations

Cartel Investigations

Horizontal agreements between competitors to fix prices, allocate markets (product or geographic), or engage in a concerted refusal to deal (boycotts) continue to be per se violations of the federal (and most state) antitrust laws.  Per se violations of Sherman Act Section 1, which generally prohibits agreements that unreasonably restrain trade, can be and are prosecuted criminally by the Department of Justice Antitrust Division (DOJ).  Such violations are felonies punishable by fines and imprisonment.  Corporations can be fined $100 million or more and individuals imprisoned up to ten years and fined up to $1 million for such violations.  Additionally, horizontal agreements may be challenged as civil violations by the Federal Trade Commission (FTC), DOJ, state attorneys general, and private plaintiffs.

McDermott Will & Emery conducts antitrust reviews and develops and implements compliance programs designed to prevent the commission of antitrust violations.  The Firm also represents corporations and individuals who are the subjects or targets of federal and/or state investigations (both criminal and civil) and parties to all forms of litigation.  The Firm’s antitrust attorneys have extensive experience at each phase of a government investigation of alleged cartel behavior, including:  internal fact-finding; response to document subpoenas or civil investigative demands; representation of individuals called to testify before a grand jury or at investigational hearings; plea or settlement negotiations; and litigation.

Most of the government investigations of horizontal restraints in which McDermott is involved are non-public.  However, we have represented clients in connection with federal or state criminal and civil price-fixing investigations involving the following industries:  airline; corrugated containers; dredging; fluid milk; road-building; school bus bodies; beverage and paint cans; electronics; dental hygienists; and allergists.

Our Trade Regulation practice group includes several former senior staff members of the FTC and DOJ and a former assistant state attorney general in charge of antitrust.  This experience and knowledge of the agencies helps provide our clients timely and cost effective representation.

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Antitrust & Competition Client Services

McDermott Will & Emery

McDermott Will and Emery