Partner Jeffrey Martino is quoted in an article published on Jan. 5, 2021, by Global Competition Review. The article, “Cement Company Receives Deferred Prosecution Deal for DOJ Cooperation,” reports on a deferred prosecution agreement for Argos USA, a cement company that admitted to fixing prices for ready-mix concrete. In recent years, Department of Justice Antitrust Division leadership has said that deferred prosecution agreements serve as an important “middle ground” between declining to bring charges and securing a conviction.
Martino, a former chief of the Antitrust Division’s New York office, told the publication that the conduct in question involved low-level employees and had not been blessed by management. “Clearly, the conduct was not pervasive and occurred within a very small part of the company,” he said, adding that a conviction may have barred Argos USA from doing future business with the government.
Read the article (registration required).