Cartel Corner | August 2022

Without question, 2022 has been a remarkably busy time for the US Department of Justice’s (DOJ’s) Antitrust Division (Division). Over just a few months, the Division rolled out meaningful revisions to its leniency policy aimed at encouraging prompt reporting of criminal violations, announced that it will (for the first time in nearly  50 years) bring criminal monopolization cases under Section 2 of the Sherman Act, continued to increase enforcement resources, and brought a number of new cases and obtained multiple guilty pleas.

However, activity does not always mean success. If there is any theme that defines the Division’s efforts over the last quarter, it is this: If at first you don’t succeed, try, try again. That is exactly what the Division has done. It tried two labor markets cases, ultimately losing both on a new and untested legal theory. And, over strong objections from a district court, the Division pursued an unprecedented third trial against those in the broiler chicken industry, resulting in a full acquittal for all defendants. None of this, however, has deterred the Division from continuing to pursue new investigations and bring new cases under novel legal theories.

In this installment of Cartel Corner, we examine recent and significant developments in antitrust criminal enforcement and profile what the Division has highlighted as its key enforcement priorities. If the past is prologue, we are bound to see more aggressive antitrust enforcement in the months to come, testing the boundaries of current antitrust law. Whether the Division can ultimately shift those boundaries, however, remains to be seen.

Access the full report.

Justin P. Murphy
Justin P. Murphy is a partner in the firm’s Regulatory Practice Group. A former federal prosecutor, Justin counsels and represents corporate and individual clients involved in government enforcement of complex antitrust, fraud and all phases of white-collar criminal and related civil matters, including internal corporate investigations, False Claims Act (FCA), Foreign Corrupt Practices Act (FCPA), e-discovery, data privacy, cybersecurity, securities enforcement, federal grand jury, inspector general investigations and trials and appeals. His focus in criminal antitrust investigations includes bid-rigging, price-fixing, procurement fraud, hiring practices and market allocation in a variety of industries.


Paul M. Thompson
Paul M. Thompson is the Managing Partner of the Washington, DC office and also serves as the Firm’s Pro Bono Litigation Partner. Paul previously served on McDermott’s Executive and Management Committees and, from 2011 to 2015, he also served a previous term as Managing Partner of the Washington, DC office. Read Paul M. Thompson's full bio.


Han Cui
Han Cui focuses her practice on complex antitrust litigation. She has experience advocating for clients on both sides of the “v” and in every phase of litigation and alternative dispute resolution. Her clients come from a wide array of industries, including health care, fashion, technology and manufacturing.Read Han Cui's full bio. 


Alexandra Lewis
Alexandra Lewis focuses her practice on antitrust and competition law, including antitrust litigation and compliance matters, as well as mergers and acquisitions (M&A) transactions. Alexandra’s experience includes working on ongoing investigations into price fixing, bid rigging, insider trading, sale of unregistered securities and corresponding litigation matters. Alexandra also conducts research on issues in antitrust law and criminal law and procedure. Read Alexandra Lewis's full bio. 


Reese Poncia
Marisa (Reese) E. Poncia focuses her practice on antitrust matters and competition law, including antitrust litigation and compliance matters, as well as mergers and acquisitions (M&A) transactions. Read Reese Poncia's full bio.

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