Q4 UPDATE: OVERVIEW OF CARTEL INVESTIGATIONS
Although 2018 saw guilty pleas and new indictments in several
ongoing Department of Justice (DOJ) investigations, the year
finished by continuing a downward trend in antitrust enforcement.
DOJ's criminal and civil fines in 2018 ended around $400
million—well short of the billion-dollar plus highs in 2014
and 2015, during the height of the auto parts and foreign exchange
investigations. EU fines ended at €800 million, which was less
than in 2017 and less than one fourth of the amount of fines
imposed in 2016.
US DEVELOPMENTS
- The DOJ has intervened in three
federal class actions in the Eastern District of Washington to
express its view over the proper standard of scrutiny to apply to
no-poach agreements that are at the heart of several civil suits
across the country. While a longer, more formal statement from the
DOJ is expected soon, it appears that the DOJ will argue that the
rule of reason should apply to most if
