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August 15, 2012

Federal Court Consents to Nolo Contendere Plea over DOJ Objections in US v. Florida West International Airways

Arnold & Porter Advisory

A recent decision by the United States District Court for the Southern District of Florida to accept a price fixing defendant's nolo contendere plea, over the strenuous objection of the Department of Justice Antitrust Division (the Division), may at first blush appear to have significantly expanded the menu of options for firms facing investigation and prosecution by the Division. However, the idiosyncratic nature of the case and the narrowness of the court's opinion may lessen the practical impact of the ruling.

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