Tag Archives: Craig A. Benson

Sen. Klobuchar Introduces Bill to Significantly Alter Federal Antitrust Law

by Craig A. Benson, Joseph J. Bial, Andrew C. Finch, Andrew J. Forman, William B. Michael, Jane B. O’Brien, Jacqueline P. Rubin, Charles F. (Rick) Rule, Aidan Synnott, Brette Tannenbaum

On February 4, 2021, Sen. Amy Klobuchar (D-MN) introduced the Competition and Antitrust Law Enforcement Reform Act (the “CALERA”), which is co-sponsored by Sens. Blumenthal (D-CT), Booker (D-NJ), Markey (D-MA) and Schatz (D-HI). If enacted, the CALERA would significantly alter existing federal antitrust law by, among other things, establishing new legal standards for anticompetitive mergers and expanding liability for exclusionary conduct. Continue reading →

DOJ Announces First Criminal Indictments for Labor Market Antitrust Violations

by Robert A. Atkins, Craig A. Benson, Andrew C. Finch, Aidan Synnott, and Maria Helen Keane

  • The Antitrust Division of the U.S. Department of Justice (DOJ) has announced the first criminal indictments for “no-poach” and wage-fixing agreements.
  • These indictments follow a change in policy announced by the DOJ several years ago to pursue such violations as criminal matters, and not merely civil violations.
  • Companies with antitrust compliance programs should consider reflecting in their training programs and monitoring mechanisms the DOJ’s stance that naked “no-poach” or wage-fixing agreements are subject to criminal prosecution, and might also consider instituting methods to identify and evaluate such agreements.

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DOJ Announces Government Procurement Collusion Strike Force

by Craig A. Benson, Joseph J. Bial, Andrew C. Finch, Andrew J. Forman, Kenneth A. Gallo, Jonathan S. Kanter, Mark F. Mendelsohn, William B. Michael, Jane B. O’Brien, Jeannie S. Rhee, Jacqueline P. Rubin, Charles F. “Rick” Rule, Aidan Synnott, and Mark R. Laramie. 

On November 5, the United States Department of Justice (DOJ) announced that it – along with the FBI, the Department of Defense (DOD), the United States Postal Service (USPS) and the General Services Administration (GSA) – is forming a new government Procurement Collusion Strike Force. The strike force will focus “on deterring, detecting, investigating and prosecuting” collusion among companies and individuals involved in government procurement at all levels. Within the DOJ, the strike force will involve prosecutors from the Antitrust Division and thirteen United States Attorney’s offices from around the country, including Chicago, Dallas, New York, Los Angeles, Miami, Sacramento and Washington, D.C.  In addition to involvement by the Offices of Inspector General (OIG) of the DOD, USPS and GSA, the task force will also partner with other federal agency OIGs.  The announcement was made by Deputy Attorney General Jeffrey A. Rosen and Assistant Attorney General for Antitrust Makan Delrahim.  During the announcement, Mr. Delrahim noted that “today, more than one third of the Antitrust Division’s 100-plus open investigations relate to public procurement or otherwise involve the government being victimized by criminal conduct.” Continue reading →