DOJ Brings First Criminal Monopolization Case In 50 Years

A plea deal with a paving contractor follows the Department of Justice Antitrust Division's ("DOJ") threat to resurrect criminal enforcement of the Sherman Act § 2 prohibition on monopolization and attempted monopolization.

A paving contractor pleaded guilty to attempted monopolization in DOJ's first criminal Sherman Act § 2 case in five decades. According to DOJ, the contractor proposed to a competitor for publicly funded highway projects a market-allocation scheme in which the contractor would stop bidding in South Dakota and Nebraska if the competitor stopped bidding in Montana and Wyoming. The competitor reported the contact to the U.S. Department of Transportation ("DOT") and, in cooperation with DOT, recorded additional phone calls with the contractor.