Tag Archives: Abram Ellis

U.S. Department of Justice Antitrust Division Releases Updates to Criminal Leniency Program Frequently Asked Questions (FAQs)

by John Terzaken, Abram Ellis, and Elizabeth French

On April 4, 2022, the U.S. Department of Justice Antitrust Division (the “Division”) announced important clarifications and modifications to its Corporate and Individual Leniency Policies (the “Leniency Program”) in the form of revised Frequently Asked Questions about the Antitrust Division’s Leniency Program (“FAQs”).[1]  The Leniency Program is unique to the Division and provides for immunity for companies and individuals who are first to self-report criminal antitrust violations—price-fixing, bid-rigging and market/customer allocation agreements among competing companies (so called “antitrust cartels”). For the last thirty years, the Leniency Program has remained a mainstay of the Division’s anti-cartel enforcement efforts, touted by the Division as its most effective tool for destabilizing and rooting out otherwise clandestine antitrust cartels. The success of the Division’s Leniency Program has led countries around the world to adopt similar programs to combat antitrust cartels within their jurisdictions.

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Key Takeaways from the CFIUS Annual Report to Congress Covering Calendar Years 2016 and 2017

by Peter Thomas, Abram Ellis, George Wang, and Mick Tuesley

Introduction

On November 22, 2019, the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) released its Annual Report to Congress, which includes trends and data on the number and types of transactions reported to the Committee during the 2016 and 2017 calendar years, the most recent years for which this data has been made available. CFIUS is an inter-agency committee with the statutory mandate to review certain foreign investment into the United States for national security concerns. The data and trends included in the Report provide key insights into the Committee’s review process. While the passage of the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) has made significant changes to CFIUS’s jurisdiction and the CFIUS review process since the period covered by the report, the Committee’s report still offers important insights and trends regarding the countries and industry sectors involved in transactions notified to CFIUS. Continue reading