#170 True Crime? An Investigation Into DOJ's Recent Policy Change on Criminal Monopolization Prosecutions

#170 True Crime? An Investigation Into DOJ's Recent Policy Change on Criminal Monopolization Prosecutions

In March 2022, the U.S. DOJ made headlines with the announcement it is considering bringing criminal monopolization cases under Section 2 of the Sherman Act for the first time in nearly fifty years. But is there any precedent that can help us understand what criminal prosecution of monopolization conduct would look like? Tiffany Rider and James Hunsberger of Axinn join John Roberti and Jaclyn Phillips to walk us through the decades-old case law and lay out the challenges DOJ might face trying to bring these cases under the modern antitrust framework. Listen to this episode to learn about whether the past can tell us anything about what DOJ will do in the future.

With special guests:

Tiffany Rider, Partner, Axinn and James Hunsberger, Counsel, Axinn

Related Link:

Axinn Antitrust Insight: DOJ Officials Raise Specter of Criminal Monopolization Prosecutions

Hosted by:

John Roberti, Partner, Cohen & Gresser and Jaclyn Phillips, Associate, White & Case LLP

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#385 How Do We Level the AI Fluency Playing Field? The 21 Days of AI Grit and Growth Mindset Challenge

#385 How Do We Level the AI Fluency Playing Field? The 21 Days of AI Grit and Growth Mindset Challenge

Are you as AI fluent as you should be? The American Bar Association's "21 Days of AI: A Grit and Growth Mindset Challenge" is a free online resource that offers a path toward becoming adept in the use...

6 Juli 30min

#384 What's Up? Enforcement Updates From the Middle East and Africa

#384 What's Up? Enforcement Updates From the Middle East and Africa

What have been the latest competition law developments across the Middle East and Africa in the last year? Nicolas Bremer and John Oxenham join Matthew Hall and Jeny Maier to discuss new filing regime...

29 Juni 31min

#383 What's the Role of Communications Strategy in M&A? How Public Affairs Impacts Antitrust

#383 What's the Role of Communications Strategy in M&A? How Public Affairs Impacts Antitrust

Recently, the role of lobbying in M&A has become the talk of the antitrust bar in current administrations in the U.S. and in other jurisdictions. But what about the related discipline of public affair...

22 Juni 27min

#382 What's Up? Enforcement Updates From Austria and Switzerland

#382 What's Up? Enforcement Updates From Austria and Switzerland

What is happening in competition enforcement in Austria and Switzerland? Lukas Cavada, Executive Director for International Affairs at Austria's Federal Competition Authority (BWB), joins Anora Wang t...

15 Juni 28min

#381 A New Era for EU and UK Deals? The EC's Draft Merger Guidelines and the CMA's Growth Approach

#381 A New Era for EU and UK Deals? The EC's Draft Merger Guidelines and the CMA's Growth Approach

The analysis of mergers in the EU and UK is adapting to take account of a changed worldwide geo-political and trade context. But what does this mean in practice? Stuart Hudson, co-lead of Brunswick's ...

8 Juni 38min

#380 What Is Happening at the OECD Competition Division? A Discussion With Ori Schwartz

#380 What Is Happening at the OECD Competition Division? A Discussion With Ori Schwartz

The OECD's Competition Division carries out the organisation's work on worldwide competition law, policy and enforcement. But what does this mean in practice? Ori Schwartz, Head of the Competition Div...

1 Juni 30min

#379 What's Up? Enforcement Updates from Ireland, Brazil, and Paraguay

#379 What's Up? Enforcement Updates from Ireland, Brazil, and Paraguay

What are the latest trends and developments in competition law enforcement in Ireland, Brazil, and Paraguay? Geoffrey Gray of the Irish Competition and Consumer Protection Commission (CCPC), joins Lex...

25 Maj 33min

#378 How Do Enforcers Approach Information Sharing and Benchmarking?

#378 How Do Enforcers Approach Information Sharing and Benchmarking?

Benchmarking and information sharing can be procompetitive, but modern data tools can also make it easier for rivals to coordinate on prices. But when does benchmarking cross the line into unlawful an...

18 Maj 37min

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