Defending Antitrust Violations
We have represented numerous companies and individuals in federal and state antitrust investigations and criminal proceedings. Our clients range from large to small and have included an airline and telecomm company and an asbestos removal contractor, to name just a few. The U.S. Department of Justice investigates antitrust matters at the federal level before making a criminal case referral to the U.S. Attorney’s Office if appropriate. Federal criminal defense attorneys are well advised to get involved at the onset of the DOJ’s investigation so as to maintain two bites at the apple in obviating criminal charges.
When the Federal Investigation Develops into a Criminal Case
Criminal antitrust prosecutions are common occurrences and can be complex to navigate particularly in the federal courts. The Antitrust Division of the United States Department of Justice regularly investigates and prosecutes business collusion activities such as price fixing, bid rigging, and market allocation schemes. Defendants are most commonly prosecuted under the Sherman Antitrust Act and the Clayton Antitrust Act. The Sherman Act prohibits any agreement among businesses that unreasonably restrains competition, while its successor the Clayton Act broadens the scope of antitrust legislation to include individualized schemes such as price discrimination and allow greater regulation of monopolies.
The federal antitrust statutes have been around a long time (the Sherman Act was originally passed in 1890), and have been the subject of active judicial interpretation. Thus, criminal attorneys defending antitrust charges must understand both the statutes and the case law . Our federal criminal attorneys focus in antitrust law, and have years of experience defending clients charged with antitrust violations.