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I Was Injured at the ABA Spring Meeting (Joking)
I am in Washington, D.C. for the ABA Antitrust Spring Meeting. My excitement that my suit still fits was short-lived as I painfully learned that my shoes do not. I’ve done a bit of walking and...
View ArticlePer Se Rule: “I’m Still Standing (Yeah yeah yeah!)”
It has become common for defendants indicted on criminal antitrust charges to argue that the use of the per se rule in their trial is unconstitutional. The United States, however, has beaten back each...
View ArticleDon’t be Chicken to Meet–The Case for Preindictment Meetings
If you have been following the price-fixing trials against the chicken industry executives, you know that after failing to convict any of the ten defendants in two previous trials, the Antitrust...
View ArticleIt’s Time For A Criminal Antitrust Whistleblower Statute (It Was Time Last...
The Antitrust Section of the American Bar Association’s 14th International Cartel Workshop took place over June 27-29, 2022 in Lisbon, Portugal. By all accounts the conference was a success and well...
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Announcement: Antitrust Division, USDOJ Recruiting Event for Law Students...
In U.S. v. Topco Associates, Inc., 405 US 596, 610 (1972): Justice Thurgood Marshall famously stated that “[a] ntitrust laws in general, and the Sherman Act in particular, are the Magna Carta of free...
View ArticleListen….
Two items recently in the cartel news caught my eye because they have something in common: the chicken parts criminal price fixing prosecution failures and Donald C. Klawiter’s article calling...
View ArticlePer Se Rules Notches Another Labor Market Pretrial Win, But…
The defendants in the aerospace’s labor market allocation case, US v. Patel, No.3-21-cr-220 (D. Conn. Dec. 2, 2022) (VAB), filed a motion to dismiss the indictment on various grounds related to...
View ArticleThe Rule of Lenity and the Per Se Rule
Last week the Supreme Court decided a case interpreting the Bank Secrecy Act, Bittner v. U.S., 598 U.S. __(2023). Justice Ketanji Brown Jackson joined Justice Neil Gorsuch’s opinion for...
View ArticleThe Deterrent Dilemma: Individuals or Corporations? It Should Be Both.
At the recent American Bar Association’s National Institute on White Collar Crime, Deputy Attorney General Lisa O. Monaco and Assistant Attorney General Kenneth A. Polite gave major talks...
View ArticleA Practical Look at Why A Criminal Antitrust Whistleblower Statute is Needed
Below is an updated version of a previous blog post I ran about the need for a criminal antitrust whistleblower statute. Revised with new typos: I have been advocating for some...
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