Compliance Hot Spots: Criminal Monopolization Cases Return + Preparing for Video Depositions on Capitol Hill + Latham Brings Back Senior DOJ Official
The DOJ antitrust division brought its first criminal monopolization case since 1977, months after officials indicated the enforcement tool was back on the table.
November 02, 2022 at 04:23 PM
11 minute read
Welcome to Compliance Hot Spots, our weekly snapshot on white-collar, regulatory and compliance news and trends. Today, the Justice Department has brought its first criminal monopolization case in 45 years. What does that mean for the enforcement environment? Plus, the House Jan. 6 committee has congressional investigations lawyers preparing for more video depositions and a key DOJ white-collar official lands back at Latham & Watkins. Please get in touch with tips and feedback. Contact me at [email protected] and @AGoudsward on Twitter.
Jonathan Kanter, assistant attorney general in the antitrust division at the U.S. Department of Justice. Photo: Diego M. Radzinschi/ALM They're Back: DOJ Brings First Criminal Monopolization Case in 45 Years
Justice Department antitrust officials raised eyebrows earlier this year when they announced that DOJ would consider using an enforcement tool dormant for decades: criminal monopolization cases.
The announcement was followed by speculation about the circumstances under which DOJ would actually bring such a case, and whether the government was only using the specter of criminal charges as a negotiation tactic.
This week brought some clarity. DOJ secured a guilty plea against a construction executive in Montana for attempting to monopolize the market for highway crack-sealing services. It was the first criminal case since 1977 brought under section two of the Sherman Antitrust Act, which deals with monopolization.
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