Capabilities
White Collar Defense

Antitrust/Cartel

In addition to our extensive transactional practice, our attorneys have conducted internal investigations into allegations of antitrust misconduct and defended corporate and individual clients during criminal antitrust investigations, including price-fixing, market allocation, and bid-rigging. With lawyers knowledgeable in handling antitrust and white collar criminal matters, including a former prosecutor who joined us from the National Criminal Enforcement Section of the US Department of Justice Antitrust Division, and many former Assistant United States Attorneys, we can work with government lawyers and investigators in the early stages of an investigation to best position the client to obtain a favorable resolution. Our lawyers have secured the closure of government investigations with no action, negotiated amnesty and plea agreements and, where necessary, defended clients in criminal prosecutions. Our lawyers have been involved in most of the major cartel investigations in recent years, including D-RAM, LCD Flat Panel, Air Cargo, Air Passenger, Autoparts, Generic Pharmaceuticals, and the US Gypsum industry. They have had great success in helping our clients avoid litigation and secure corporate immunity through successful representation before the US Department of Justice (DOJ), the Federal Trade Commission (FTC), the European Union, and state attorney general offices. Recently, we helped secure the dismissal of criminal price-fixing charges against General Electric, after seven weeks of trial, in one of the most renowned criminal antitrust cases in recent years.

Experience:

  • Yamashita Rubber Co., Ltd., a Japanese auto parts manufacturer, in antitrust cartel investigation, United States v. Yamashita Rubber Co., Ltd. (N.D. Ohio, October 2013).
  • Fujikura Ltd., a Japanese industrial firm, in an antitrust cartel investigation, United States v. Fujikura Ltd. (E.D. Mich., June 2012).
  • Minebea Co., Ltd., in an antitrust cartel investigation (S.D. Ohio, April 2015).
  • Large Korean chaebol in DOJ Autoparts inquiry.
  • Large pharmaceutical companies in avoiding suspension and debarment by the Department of Veterans Affairs arising out of guilty pleas to criminal antitrust violations.
  • Sales executive of pharmaceutical manufacturer as counsel in criminal antitrust investigation by DOJ.
  • Multiple Japanese executives of a multinational corporations in an antitrust cartel probes by DOJ, including Air Cargo and Autoparts investigations.
  • GlaxoSmithKline in US$2.5 billion class-action antitrust suit.
  • Zimmer Holdings Inc. in connection with the DOJ's criminal investigation of orthopaedic implants and in related class action litigation.
  • Zeon Corporation and Zeon Chemicals L.P. in connection with the DOJ's criminal investigation of acrylo-nitrile butadiene rubber pricing and related direct and indirect purchaser litigation.
  • Hoffmann-LaRoche Inc. and Roche Vitamins Inc. in resolving one of the largest criminal price-fixing case in US antitrust history and unprecedented direct and indirect purchaser class action and opt-out litigation.
  • General Electric Company in criminal case alleging price-fixing of industrial diamonds. United States v. General Electric.
  • Leading North American manufacturer of specialty phosphates in connection with the DOJ grand jury investigation of possible price-fixing in the Sodium Tripolyphosphate (STPP) industry.
  • Micron Technology, Inc in connection with the DOJ's criminal investigation of DRAM pricing and related civil litigation.
  • Scrap metal dealer in connection with grand jury investigation and subsequent indictments relating to scrap metal price-fixing.
  • Building materials manufacturer in connection with a criminal investigation into cement price-fixing.
  • Two Japanese executives of a maritime shipping company in an antitrust criminal investigation of the international car shipping industry, Car Carriers Criminal Cartel Investigation.
  • Senior executive and primary individual target in antitrust criminal investigation of auto parts manufacturer. Matter concluded with no charges filed against client.
  • Major pharmaceutical company in putative class actions alleging price-fixing among manufacturers of generic drugs, Sergeants Benevolent Association Health & Welfare Fund, et al. v. Fougera Pharmaceuticals, Inc., et al.

Perspectives

US Antitrust Year in Review: The Trump Administration's First Year
Arnold & Porter Kaye Scholer Webinar
Evidence Gathering by Competition Authorities: What to Expect In a Cartel Investigation
Webinar
Inside the Minds: Understanding International Criminal Law

Chapter author, “No Longer a Game of ‘Catch Me If You Can’: The Expanding Jurisdiction of Anti-Corruption Laws and How To Address Anti-Corruption Issues if They Arise” (Aspatore Books)

Recent Cases Expand Aggressive Enforcement Theory of Parent Company Liability Under the FCPA

Main Justice

Overview

Email Disclaimer