Criminal Antitrust/Cartel Investigations
Our Criminal Antitrust/Cartel Investigations practice integrates attorneys from the firm's Antitrust, White Collar Defense, and Litigation practice groups based in our Washington, New York, Los Angeles, Silicon Valley, San Francisco, Brussels, Frankfurt, and London offices. We represent companies and individuals from around the world in investigations conducted by the US Department of Justice (DOJ) or the European Commission (EC), or both.
- We have represented clients in the largest and most complex cartel investigations, including auto parts, vitamins, municipal bonds, cathode ray tubes, Dynamic Random Access Memory, citric acid, air cargo, refrigeration components, high-voltage power cable, maritime shipping, optical disk drives, industrial chemicals, fuel supply to US military forces, and orthopaedic implant devices. Because high-stakes cartel investigations often involve multiple international jurisdictions, which increasingly share leads and information among themselves, our team takes a coordinated multi-jurisdictional approach to factual and strategic issues, such as parameters and limitations of the relevant conduct, and potential amnesty/leniency considerations.
- In recent years, clients have retained our team in both criminal and civil investigations into alleged agreements between companies not to hire or solicit each other's employees (so called “no-poach” cases).
- We provide seamless and integrated strategic representation to clients involved in parallel US and EC investigations. Our attorneys in the US and Europe work in tandem with a network of highly regarded competition counsel in other key jurisdictions across the globe to fashion and implement a comprehensive cartel defense strategy.
- Our cartel team includes many former US government prosecutors, including the former Assistant Attorney General for Antitrust at the US Department of Justice (DOJ), Director-General for Competition of the European Commission (EC), and Deputy Assistant Attorney General for Civil and Criminal Operations of the Antitrust Division, a number of former Assistant US Attorneys, a former prosecutor from the National Criminal Enforcement Section of the US DOJ, as well as the former Deputy Chief of the EC's Directorate-General for Competition.
- In the US, a key aspect of our cartel practice is integrating our defense against the government's investigation with preparation for private antitrust litigation—often involving both direct and indirect purchasers—that typically commences upon public announcement of the investigation.
- In the EU, our attorneys have litigated cartel cases in the Luxembourg-based General Court and the European Court of Justice.
Represented Japanese manufacturer in US DOJ criminal investigation regarding alleged price-fixing with regard to small-sized ball bearings and related civil class action litigation.
Represented Japanese auto parts manufacturer in a US DOJ investigation into the sales of anti-vibration rubber products to auto manufacturers and in related class action litigation.
Represented client in conducting an extensive internal audit in connection with suspected antitrust infringements and submitting immunity applications to the EC in multiple national jurisdictions in Europe.
Defending the clients in an antitrust criminal investigation of the international car shipping industry.
Representing client in an ongoing investigation by the EC into an alleged cartel, including the submission of a leniency application and follow-up with the Commission.