On April 9, the Antitrust Division of the Department of Justice held a public roundtable on the subject of criminal antitrust compliance. If any other Division of the DOJ had done this, it would not be particularly exceptional, but within the antitrust compliance world, it was significant—exciting even! Since at least the time of the…
The Department of Justice Antitrust Division wrapped up its case to block AT&T Inc.’s proposed acquisition of Time Warner Inc. last week, and lawyers for the defendants told the federal district court in Washington, D.C. that the government “came nowhere close” to proving that the deal would violate Sec. 7 of the Clayton Act. “The government ……
The following post offers a look back at important trends in antitrust enforcement over the past year. Many of the significant developments that are detailed below, including merger challenges and leadership changes, will have a lasting impact on 2018 and beyond. MERGER ENFORCEMENT Department of Justice litigation. The biggest antitrust news story of 2017 was…
The Justice Department’s challenge to AT&T’s proposed $108 billion acquisition of Time Warner Inc. is likely the biggest antitrust news story of the year. Much of the attention from the mainstream media has been focused on possible influence by President Trump on the Justice Department’s decision to seek divestitures of assets, such as CNN, to…
This is Part Three of a four-part series of posts by myself and colleague Kimberly Justice on “It Is Time for an Antitrust Whistleblower Statute.” Parts 1 and 2 can be found here and here. ******************************************************** Note: If the Grassley/Leahy Anti-Retaliation Act is passed, that protection would be part of the whistleblower statute. Ms. Justice and I are advocating that…
Objections to an Antitrust Whistleblower Statute The idea of an antitrust whistleblower is not new, but it has never gained much traction in the past. There have been significant objections, or at least disinterest—particularly from the Department of Justice. The mood seemed to be “Our cup runneth over with Amnesty applications so let’s not screw…
Kimberly Justice and I wrote an article published in Global Competition Review arguing that it is time for an “Antitrust Whistleblower Statute.” [The article is behind a pay firewall (here).] Kimberly and I will be expanding on this idea in Cartel Capers blog posts over the next two weeks. Below is the first installment. We…
In Part 1 of this article (here), I argued that the Sherman Act was unconstitutional as a criminal statute because it is void for vagueness. A statute that criminalizes all restraints of trade cannot be saved by the Supreme Court explaining what Congress really must have really meant. What passed constitutional muster when the Sherman…
If you ever wanted to sell a student on pursuing a career in antitrust because of the interesting possibilities, Brent Snyder’s career (which is far from over) would be a good case in point. Mr. Snyder graduated with Honors from the University of Texas School of Law, where he was an Associate Editor of the…
If you get lost, sometimes you must go back and start again from the beginning. I’ve been a bit lost on whether the Sherman Act is unconstitutional as a criminal statute. It is well accepted that per se violations of the Sherman Act can be prosecuted criminally. An individual can be sentenced to up to…
