• "Hidden Dangers: U.S. Department of Justice Criminal Antitrust Enforcement Priorities for 2018"
  • April 16, 2018
  • Since 2007, the U.S. Department of Justice Antitrust Division has criminally charged 575 individuals and 199 companies with antitrust violations. DOJ has collected over $10 billion in criminal antitrust fines and penalties, and the average prison sentence imposed on individual antitrust violators was 21 months.


    What are emerging enforcement trends in this area, and what can companies do to ensure they do not unwittingly run afoul of complex antitrust laws? DOJ Antitrust Division officials and top private antitrust attorneys discussed these issues in a panel at the American Bar Association White Collar Crime Conference in San Diego.

    The highlights of the discussion included the following:

    No-poaching agreements

    DOJ recently announced plans to file a number of criminal, felony charges against individuals and companies who agreed with their competitors not to solicit or hire each other's employees, as set forth in the DOJ/FTC Antitrust Guidance for Human Resource Professionals ("HR Antitrust Guidance") issued in 2016.