Cartel Corner | March 2022

By Justin P. Murphy, Paul M. Thompson, Han Cui, Joshua W. Eastby, Anthony S. Ferrara, Alexandra Lewis and Reese Poncia on March 21, 2022

Posted In Agriculture, Cartel Enforcement, Consumer Protection/Privacy, DOJ Developments, FTC Developments, Healthcare Antitrust, Monopolization/Abuse of Dominance

The US Department of Justice’s (DOJ) Antitrust Division (Division) has continued to actively investigate and pursue alleged criminal violations of antitrust laws and collusive activity in government procurement. US Attorney General Merrick Garland noted in a March 2022 speech at the ABA Institute on White Collar Crime that the Division ended last fiscal year “with 146 open grand jury investigations—the most in 30 years.” As we near the end of the first quarter of 2022, the Division has a record number of criminal cases either in trial or awaiting trial.

In this installment of Cartel Corner, we examine and review recent and significant developments in antitrust criminal enforcement and profile what the Division has highlighted as its key priorities for enforcement. For 2022 and beyond, those priorities are—and likely will remain—identifying and aggressively pursuing alleged violations involving the labor markets, consumer products, government procurement, and the generic pharmaceutical industry.

Access the full report.

Tags: Antitrust Division, Biden administration, Cartel Corner, consumer products, DOJ, False Claims Act, Federal Trade Commission, FTC, generics, labor markets, no poach agreements, PCSF, procurement, Procurement Collusion Strike Force, Richard Powers, Sherman Act, US Attorney General Merrick Garland, US Department of Justice, wage fixing

Justin P. Murphy
Justin P. Murphy is a partner in the firm’s Regulatory Practice Group. A former federal prosecutor, Justin counsels and represents corporate and individual clients involved in government enforcement of complex antitrust, fraud and all phases of white-collar criminal and related civil matters, including internal corporate investigations, False Claims Act (FCA), Foreign Corrupt Practices Act (FCPA), e-discovery, data privacy, cybersecurity, securities enforcement, federal grand jury, inspector general investigations and trials and appeals. His focus in criminal antitrust investigations includes bid-rigging, price-fixing, procurement fraud, hiring practices and market allocation in a variety of industries.

Paul M. Thompson
Paul M. Thompson is the Managing Partner of the Washington, DC office and also serves as the Firm’s Pro Bono Litigation Partner. Paul previously served on McDermott’s Executive and Management Committees and, from 2011 to 2015, he also served a previous term as Managing Partner of the Washington, DC office. Read Paul M. Thompson's full bio.

Han Cui
Han Cui focuses her practice on complex antitrust litigation. She has experience advocating for clients on both sides of the “v” and in every phase of litigation and alternative dispute resolution. Her clients come from a wide array of industries, including health care, fashion, technology and manufacturing.Read Han Cui's full bio.

Joshua W. Eastby
Joshua W. Eastby is an associate in McDermott’s Chicago office and focuses on antitrust regulatory and litigation matters. He defends clients in securing regulatory clearance of mergers and acquisitions and in securing favorable outcomes and efficiently managing e-discovery in complex antitrust litigation. Read Joshua W. Eastby's full bio.

Anthony S. Ferrara
Anthony S. Ferrara focuses his practice on regulatory and antitrust matters. He advises clients on mergers and acquisitions, including obtaining clearance from the Federal Trade Commission (FTC) and Department of Justice (DOJ). He also counsels clients in relation to complex antitrust litigation and government investigations. Anthony has assisted clients across a variety of industries, including the aerospace and defense, pharmaceutical, consumer products, and energy sectors. In addition to his antitrust work, he maintains an active pro bono practice. Read Anthony S. Ferrara's full bio.

Alexandra Lewis
Alexandra Lewis focuses her practice on antitrust and competition law, including antitrust litigation and compliance matters, as well as mergers and acquisitions (M&A) transactions. Alexandra’s experience includes working on ongoing investigations into price fixing, bid rigging, insider trading, sale of unregistered securities and corresponding litigation matters. Alexandra also conducts research on issues in antitrust law and criminal law and procedure. Read Alexandra Lewis's full bio.

Reese Poncia
Marisa (Reese) E. Poncia focuses her practice on antitrust matters and competition law, including antitrust litigation and compliance matters, as well as mergers and acquisitions (M&A) transactions. Read Reese Poncia's full bio.

Cartel Corner | March 2022

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