Cartel and Government Antitrust Investigations Task Force

Overview

Clients facing government antitrust investigations and grand jury proceedings turn to our specialized task force for pragmatic, deeply informed advice. We counsel parties and third parties in U.S. Department of Justice (DOJ) Antitrust Division or Federal Trade Commission (FTC) and State Attorneys General investigations of alleged anticompetitive conduct. Corporate and individual clients trust us to guide them through sensitive criminal cartel investigations of price-fixing, bid-rigging, customer allocation, no-poach/non-solicit agreements within the U.S. and around the world.

We provide rapid response when government agents arrive unannounced for a dawn raid, seeking to search and seize documents, electronic data, and other potentially vital corporate information or show up and attempt to conduct interviews at business locations or employee homes. We deliver strategic advice regarding responding to subpoenas, civil investigative demands (CIDs), and other government compulsory processes. Our deep experience as former federal prosecutors and antitrust litigators allows us to assess antitrust risk and formulate effective and efficient response strategies in bet-the-company situations.

As a cartel investigation proceeds, we continually assess exposure and strategy. If cooperation is the best option, we have the experience to successfully navigate companies and individuals through the Antitrust Division Leniency process, or maximize cooperation and obtain a reduced sentence through a deferred prosecution or plea agreement. When necessary, we are ready to guide companies and individuals through trial and sentencing.

Our task force is led by a DOJ Antitrust Division veteran who implemented the Antitrust Division’s Leniency Program, was a primary DOJ resource on criminal antitrust policy and sentencing, and was a primary drafter of the Antitrust Division’s 2019 compliance guidance. Other members have previously served as U.S. Attorneys, Director of the Financial Fraud Enforcement Task Force, federal prosecutors, and additional key regulatory and enforcement roles. We have decades of experience defending companies and individuals in high-stakes government investigations. We understand how government agencies work and how best to interact with government attorneys at all levels to leverage good results for clients.

Other responsive teams at BakerHostetler provide valuable advice regarding white-collar investigations, compliance, and other relevant areas and we are well-equipped to advise and represent clients in face-paced, multi-jurisdictional investigations.

Our clients range from large global corporations to individual executives and managers. Our representation includes:

  • Government clients that have received a DOJ subpoena in criminal antitrust cartel matters or a CID or subpoena in an antitrust anticompetitive conduct matter.
  • Corporate and individual targets and subjects of criminal antitrust investigations.
  • Corporate clients that have uncovered possible criminal antitrust problems, and may be able to utilize the Antitrust Division’s Leniency Program or stay ahead of the matter and get cooperation credit.
  • Corporate or individual subjects of criminal investigations led by the DOJ’s Procurement Collusion Strike Force (PCSF).
  • Corporations seeking proactive evaluation of their antitrust compliance programs and compliance training.
  • Corporations facing criminal antitrust investigations of alleged price-fixing, bid-rigging, customer allocation, and no-poach/non-solicit agreements in violation of the Sherman Antitrust Act.
  • Corporations responding to government compulsory process for customer information and data, including providing advice on the privacy, data protection, and criminal procedure implications of responding to law enforcement requests.
  • Helping foreign defendants navigate the criminal extradition process.

Select Experience

  • Representing a corporate defendant in one of the Antitrust Division’s first indicted criminal no-poach and wage-fixing cases.
  • Representing a Fortune 500 company through the Antitrust Division Leniency Program marker process in a matter that presented complex legal and factual issues.
  • Representing corporate and individual subjects of non-public Antitrust Division criminal no-poach, wage-fixing, price-fixing, and market allocation investigations.
More »

Professionals

Name Title Office Email
Partner San Francisco
Associate New York
Associate Cleveland
Partner Dallas
Associate Cleveland
Partner Washington, D.C.
Associate Washington, D.C.
Partner Philadelphia
Associate Chicago
Associate New York
Partner Los Angeles
Partner Washington, D.C.
Partner Washington, D.C.
Partner Cleveland
Associate Washington, D.C.
Associate New York

Experience

  • Representing a corporate defendant in one of the Antitrust Division’s first indicted criminal no-poach and wage-fixing cases.
  • Representing a Fortune 500 company through the Antitrust Division Leniency Program marker process in a matter that presented complex legal and factual issues.
  • Representing corporate and individual subjects of non-public Antitrust Division criminal no-poach, wage-fixing, price-fixing, and market allocation investigations.
  • Representing an individual employee in an Antitrust Division criminal price-fixing investigation.
  • Providing antitrust compliance advice and training for multiple global companies.
  • Representing a corporate third-party subpoena recipient in the U.S. v. Google and State of Colorado et al. v. Google civil antitrust lawsuits.
  • Representing an advertising platform third-party CID recipient in a Texas attorney general antitrust investigation of Google.
  • Advising corporations responding to the government compulsory process for customer information and data, including the privacy, data protection, and criminal procedure implications of responding to law enforcement requests.
  • Conducted an assessment and complete overhaul of the compliance policies at a large financial entity.

Key Contacts