Competition Corner
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June 8, 2023
|3 min read
Assistant Attorney General (DAAG) for Criminal Enforcement at the Antitrust Division of the U.S. Department of Justice, who discussed the Division’s current
approach to criminal antitrust enforcement, as well as panels examining cartel enforcement in labor markets, criminal monopolization, and antit...Read more
October 31, 2022
|4 min read
Leniency Notice: Updated Guidance from the European Commission
to make the leniency process more accessible to potential applicants. The new guidance, which comes in the form of updated Frequently Asked Questions
(FAQs), clarifies certain concepts and current practices of the Commission with respect to leniency.
July 28, 2022
|3 min read
Lessons From the International Cartel Workshop
premier international cartel conference, and was attended by senior members of the private bar and government enforcers from around the world, including
several members of Winston’s Antitrust/Competition Group.
May 11, 2022
|2 min read
Anti-OPEC Legislation Advances in Senate
OPEC and other oil cartels that up until now have evaded antitrust enforcement.
April 22, 2022
|7 min read
the three largest American producers of packaged tuna.
April 6, 2022
|5 min read
Boosting Immunity: DOJ Injects Additional Burden and Uncertainty to Antitrust Leniency Process
email address for corporations and individuals to use to apply for leniency.
February 22, 2022
|2 min read
DOJ Cracks Down on Inflation-Related Collusion
crisis by colluding to raise prices.
December 10, 2021
|4 min read
DOJ’s First Criminal Indictment for Wage-fixing Survives Dismissal Attempt
wage-fixing. The court found that wage-fixing agreements were a type of price-fixing and, as such, rejected defendants’ arguments that there was a lack of
precedent to criminally prosecute the alleged conduct as per se illegal.
October 27, 2021
|3 min read
European Commission Warns: Antitrust Dawn Raids Are Coming
raids in the near future.
August 17, 2021
|3 min read
Southern District of New York that awarded treble damages to the plaintiffs in a class action suit alleging that four Chinese exporters of Vitamin C violated
U.S. antitrust laws.
July 27, 2021
|9 min read
Protection of Confidential Attorney Communications in Hard-Core Cartel Investigations in Japan
and its attorney from disclosure in administrative investigations of hard-core cartels. While this may appear to be the adoption of an attorney-client privilege
in Japan, the newly announced protection is notably different from the privilege in the United States in several respects.
April 15, 2021
|7 min read
issues that have been heavily in dispute in antitrust class actions for more than a decade.
February 26, 2021
|11 min read
A Report from the Trenches on the Litigation Hazards of ACPERA
first-in leniency applicant with reduced civil damages exposure compared to its co-conspirators (separate from and in addition to the amnesty a first-in
applicant receives on the criminal side).
December 11, 2020
|4 min read
Congress Passes Bill to Protect Whistleblowers in Criminal Antitrust Cases
employees who report antitrust violations. The bill unanimously passed the Senate in October 2019 and is expected to be signed into law by the President.
November 17, 2020
|4 min read
new partner offices to its “Procurement Collusion Strike Force,” bringing the total number of national agencies and offices participating in the interagency
partnership to 29.
October 27, 2020
|6 min read
China’s Antitrust Guidelines Clarify Important Aspects of the SAMR’s Leniency Program
August 21, 2020
|2 min read
Judge Donato Clarifies Special Master’s FTAIA Mens Rea Finding
Donato has now ruled on the Special Master’s Report and Recommendation that the Foreign Trade Antitrust Improvements Act (FTAIA) contains a mens rea
requirement—in the Special Master’s words, that “there is a mens rea requirement under the FTAIA in that, at the very least, it must be reasona...Read more
May 19, 2020
|2 min read
Korea Enhances Due Process Protections for Companies Subject to KFTC Investigations
process protections for companies under investigation by the Korea Fair Trade Commission (KFTC).
May 5, 2020
|3 min read
Japan Proposes New “Privilege-Like” Rules for Attorney-Client Communications in Competition Matters
changing the way confidential communications between attorneys and clients are treated – now providing some “privilege-like” protections, similar to the
attorney-client privilege in the U.S., to companies under investigation for conduct that falls within the purview of Japan’s leniency system.
April 30, 2020
|4 min read
Japan’s New Antitrust Leniency Program: Key Features and Considerations
effect on or before December 25, 2020, with the exact effective date to be announced.