1 gen 2022 anni - ABA: 2022: New DOJ leadership signals stronger enforcement of antitrust, including criminal prosecutions
Descrizione:
CRIMINAL ENFORCEMENT OF SECTION 2 OF THE
SHERMAN ACT: AN EMPIRICAL ASSESSMENT
DANIEL A. CRANE*
In early 2022, the new leadership of the Justice Department’s Antitrust Division made waves by announcing that the DOJ would consider bringing
criminal cases for monopolization under Section 2 of the Sherman Act. This
dramatic change in policy—Section 2 has not been criminally enforced in
decades—was first announced in a speech in March by Deputy Assistant Attorney General Richard Powers,asserted again a month later in another
speech by Assistant Attorney General Jonathan Kanter, and then confirmed
in an updated Antitrust Division Manual released in April.
If the point was to get the attention of the defense bar and the companies
they represent, these bombshell announcements succeeded. Defense-oriented
law firms rushed to release a slew of client alerts, warning of a “significant
departure from modern DOJ criminal antitrust enforcement policy,” and a
“surprising” and “significant policy shift”6 with “far-reaching” implications.
And, although the Justice Department has not yet identified possible targets, it
is no secret that the Biden administration has ongoing monopolization cases
against Google and Facebook, has investigations open as to other Big Tech
companies as well, and generally takes the position that Section 2 has been
dramatically underenforced and that a reckoning is due. ...
Aggiunto al nastro di tempo:
Data:
~ 3 years and 5 months ago