Criminal Antitrust

columns

When faced with criminal antitrust investigations or charges, companies and individuals turn to Ropes & Gray, assured by our knowledge of the process and confident in our ability to secure quick and effective outcomes.

Contact

“The team assists clients with a range of antitrust work, including transactional, counseling, and litigation.” Chambers USA
“This team draws considerable acclaim from commentators for its expertise in handling merger clearance, cartel investigations and price-fixing cases.” Chambers USA
“They really bring a good commercial sense which is a hard trait to come by. They can look at a problem and come back with a creative solution. They not only look at it from a legal perspective, but also give us something which fits the business perspective.” Antitrust Client, Chambers USA

Overview

Prosecuting international and domestic cartels remains a top priority for the U.S. Department of Justice’s Antitrust Division. Government antitrust investigations can present high stakes for companies and their employees—companies face the prospect of hundreds of millions of dollars in fines, a tarnished reputation, and the possibility of restrictions on the company’s ongoing operations. The pursuance of a criminal antitrust investigation, moreover, often gives rise to civil class actions seeking damages and attorneys’ fees.

Ropes & Gray’s antitrust attorneys have a proven track record of applying winning strategies to resolve criminal antitrust investigations and litigation. We represent companies and individuals in criminal antitrust investigations, including international cartel investigations. Our team of skilled antitrust litigators also handles follow-on treble damages actions and regularly coordinates with criminal counsel and counsel in other jurisdictions.

In addition to winning trials and effectively resolving investigations, our team has achieved notable non-prosecution and immunity agreements and favorable settlement terms for our clients, discreetly handling the many sensitive issues that may arise. Businesses have also retained us to assist in conducting internal investigations to preempt antitrust risks and formulate preventive strategies.

Experience

Our recent successes include the representation of:

  • Multiple executives accused of price fixing in an international criminal investigation by the Antitrust Division into the auto parts industry 
  • A major air cargo carrier in an international criminal antitrust investigation into alleged price fixing 
  • A leading foreign electronics manufacturer in antitrust class action cases arising out of a criminal investigation 
  • The former managing director of a municipal bond brokerage firm accused by the Antitrust Division of collusion and price fixing
  • A prominent auctioneer, obtaining immunity in connection with an Antitrust Division criminal investigation of the practice of conducting “private auctions” in the high-end antique furniture business 
  • A vendor of Internet services, obtaining a non-prosecution agreement in connection with a joint criminal investigation by the U.S. Attorney’s Office and the Antitrust Division of an extensive bid-rigging and market-allocation scheme involving the federal E-Rate program 
  • A medical waste disposal company in connection with antitrust investigations by multiple state attorneys general 
  • An information technology company in connection with a joint investigation by the U.S. Department of Justice and the U.S. Department of Defense in connection with bidding for information technology service contracts for military bases
  • A major academic medical center in an Antitrust Division investigation of the national resident “matching” program, resulting in no action taken against our client