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 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.