Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 28 OCTOBER 2020

United States: Cartels

A&O Shearman
A&O Shearman
Contributor

A&O Shearman

Introducing A&O Shearman Unparalleled global depth for a changing world. Today more than ever,...

View firm profile
Explore more from A&O Shearman

The chapter reviews the enforcement trends, the DOJ Procurement Collusion Strike Force, the Leniency programme, the Compliance Program Guidance, and recent case developments.

United StatesAntitrust/Competition Law
A&O Shearman
A&O Shearman
Matt Modell
Matt Modell
Author LinkedIn connections

In summary

During the past year, cartel enforcement by the DOJ Antitrust Division, and apparent leniency applications, have remained depressed relative to historic levels. The Division has responded by seeking to reinforce incentives for companies to seek leniency and to otherwise cooperate in Division investigations, while bolstering its own enforcement initiatives. Examples of the Division's efforts include reaffirming recent changes in prosecution policies to increase the benefits of early cooperation, support for the reauthorisation of the ACPERA statute, statements to the Bar that underpin the Division's commitment to its leniency programme, and the establishment of a Procurement Collusion Strike Force to proactively investigate collusion by government contractors.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

New York-Presbyterian Hospital Ruling Signals Widening Antitrust Exposure For Hospital Contracting Practices

A federal court ruling against New York Presbyterian Hospital validates DOJ theories that market power can be proven through supracompetitive pricing rather than market share alone, and that exclusionary conduct is not required for antitrust claims. This decision expands potential antitrust exposure for hospital systems employing restrictive contracting practices like all-products provisions, anti-tiering terms, and gag clauses...
United StatesAntitrust/Competition Law
Crowell & Moring LLP
Crowell & Moring LLP
Article

Right To Repair Alert: Deere & Company Reaches Settlement With FTC, States

The Federal Trade Commission and five State Attorneys General have reached a landmark settlement with Deere & Company in a year-and-a-half antitrust litigation over the agricultural equipment manufacturer's restrictions on repair resources. The stipulated order, if approved, will require Deere to provide farmers and independent repair providers with the same repair tools and technical resources available to authorized dealers for a period of ten years.
United StatesAntitrust/Competition Law
Axinn LLP
Axinn LLP
Article

Booking Holdings v. Commission: General Court Clears The Way For Reverse Leveraging

The General Court of the European Union has upheld the European Commission's prohibition of Booking Holdings' acquisition of eTraveli Group, endorsing for the first time a 'reverse leveraging' theory of harm in conglomerate mergers. This landmark judgment establishes that dominant companies can be blocked from acquiring complementary businesses even when the target operates in a market where the acquirer lacks dominance, fundamentally reshaping merger control enforcement in digital and ecosystem-driven mark
United StatesAntitrust/Competition Law
Baker Botts L.L.P.
Baker Botts L.L.P.
Article

Amendments To The Act On The Protection Of Personal Information Promulgated

Japan has enacted sweeping amendments to its Act on the Protection of Personal Information, introducing an administrative surcharge regime with monetary penalties for data protection violations, new protections for children under 16 and biometric data, and expanded exceptions for data utilization in statistical analysis and AI development. The reforms, which take effect in stages through 2028, fundamentally reshape Japan's privacy enforcement landscape by granting the Personal Information Protection Commiss
JapanPrivacy
A&O Shearman
A&O Shearman
Article

SEC Issues “Innovation Exemption” To Facilitate Trading Of Tokenized NMS Stock

The SEC has issued a groundbreaking Innovation Exemption allowing tokenized securities venues to facilitate trading of tokenized NMS stocks using automated market makers and liquidity pools. This temporary five-year exemption from exchange and dealer registration requirements establishes conditions for permissioned blockchain-based trading while granting public companies a 30-day window to object to third-party tokenization of their securities.
United StatesFinance and Banking
A&O Shearman
A&O Shearman
Article

EU Packaging And Packaging Waste Regulation—what International Corporate Groups Should Know

The European Union's new Regulation on packaging and packaging waste has fundamentally transformed compliance requirements for companies placing packaged goods on the EU market, replacing decades-old directive-based frameworks with directly applicable product-law rules. While promising regulatory harmonization across member states, the reality presents a complex dual-compliance landscape where businesses must navigate both EU-wide packaging standards and diverging national implementation approaches.
European UnionEnvironment
A&O Shearman
A&O Shearman
Article

Delaware Chancery Invalidates Buyer Termination And Orders Specific Performance Of Obligations To Seek Regulatory Clearance For Merger

A Delaware Court of Chancery decision examines whether an acquiror can terminate a $2.35 billion merger agreement when antitrust approval is delayed beyond the outside date. The case centers on whether the acquiror's abandonment of discussions with a competitor—which triggered an FTC investigation—constitutes "willful conduct" that prevents the buyer from walking away from the deal.
United StatesCorporate/Commercial Law
A&O Shearman
A&O Shearman
Article

Court Of Chancery Imposes Sanctions For Spoliation Of Signal Messages

The Delaware Court of Chancery imposed significant sanctions in a merger litigation case after finding that the company's controlling stockholder and senior officers recklessly destroyed Signal messages following legal hold notices. The court shifted the burden of proof by presuming certain facts favorable to plaintiffs, requiring defendants to rebut these presumptions with clear and convincing evidence rather than a preponderance standard.
United StatesLitigation, Mediation & Arbitration
A&O Shearman
A&O Shearman
Article

The EU’s Proposed Industrial Accelerator Act: What The Battery Industry Needs To Know—and Do

The European Commission's Industrial Accelerator Act proposes to reshape battery supply chains by conditioning access to EU public procurement and support schemes on strict origin requirements. As China controls over 80% of global battery manufacturing capacity, the legislation introduces escalating component-count thresholds that could fundamentally alter market access, financing structures, and supplier eligibility across the battery value chain.
GlobalGovernment, Public Sector
A&O Shearman
A&O Shearman
Article

How Spain’s Draft Data Center Rules Could Transform Digital Infrastructure Investment

Spain's draft Royal Decree introduces stringent energy sustainability, environmental, resilience and digital sovereignty requirements for data centers, including renewable additionality, hourly correlation, and efficiency standards. The regulation applies to all access and connection permits obtained after entry into force, with specific compliance deadlines for projects in progress and those with granted permits not yet connected to the grid.
SpainEnergy and Natural Resources
A&O Shearman
A&O Shearman
Article

SEC Proposes Regulation Crypto Assets: Tailored Pathways For Covered Investment Contracts

The U.S. Securities and Exchange Commission has proposed Regulation Crypto Assets, introducing two tailored exemptions from Securities Act registration requirements for certain offerings of covered investment contracts involving crypto assets. The proposal establishes a startup exemption allowing up to $5 million in offerings over four years and a two-tier fundraising exemption permitting offerings up to $75 million...
United StatesFinance and Banking
A&O Shearman
A&O Shearman
Article

California Passes Suite Of Bills Advancing Child Online-safety Push

California has enacted a comprehensive package of four bills that fundamentally reshape online safety protections for minors, targeting addictive design features, data privacy practices, age verification systems, and platform liability. These new laws establish strict requirements for social media companies, including mandatory stripped-down interfaces for users under 16, enhanced privacy defaults, and potential damages up to $1 million for negligent harm to children. The legislation represents one of the m
United StatesMedia, Telecoms, IT, Entertainment
A&O Shearman
A&O Shearman