Investigation and prosecution of cartel activity continues to be a top enforcement priority for the Antitrust Division of the U.S. Department of Justice, the European Commission, and many other competition authorities worldwide. The explosive growth in the detection and pursuit of cartels has been fueled by the global proliferation of amnesty and leniency programs and the large monetary fines imposed by authorities.
Our cartel practice draws upon the combined strengths of our antitrust and white collar practices. Our antitrust group, which includes highly experienced practitioners in our Washington, San Francisco, and Brussels offices, is ranked by Global Competition Review as among the top practices in the world. It is led by two recent past leaders of the DOJ Antitrust Division, and includes a former official of the European Commission’s Directorate General of Competition, other former enforcement agency officials, and leaders of the criminal antitrust bar. Members of our white collar practice with experience in cartel matters include former DOJ officials and senior prosecutors in U.S. Attorneys’ Offices. Our cartel team members have deep experience before the DOJ, EC and other foreign agencies, as well as U.S. courts and the General Court (formerly European Court of First Instance).
Covington’s international reach, which includes offices in Beijing and London as well as Brussels, allows us to provide clients with a coordinated response to multijurisdictional investigations. With a proven ability to staff our case teams across multiple offices when it is most efficient to do so, we can readily provide integrated strategic advice that takes into account our clients’ global risks and interests. We also have broad experience in coordinating with counsel in other jurisdictions where appropriate.
Our cartel lawyers routinely manage grand jury and foreign competition authority inquiries, secure amnesty or leniency for our clients under government programs, and defend our clients in criminal, civil, and administrative proceedings. We also assist clients with internal investigations, conduct antitrust audits, and design tailored compliance programs to help our clients avoid violations.
Our cartel practice also offers seamless integration with our defense of clients in follow-on civil antitrust and securities litigation. Our cartel practice includes senior lawyers with extensive civil litigation experience, including in complex class action antitrust proceedings, and we bring this experience to bear in managing our clients’ overall risks and protecting their interests.
The firm has represented clients in criminal matters in a multitude of industries, including air passenger and cargo services, automotive parts, numerous chemical products, computer hardware, consumer products, industrial products, electronics, financial products, freight shipping, state and local government contract bidding, billboard advertising, concrete, extractive industries, food supplements, telecommunications, and milk contracts. Our lawyers have tried hundreds of criminal and regulatory enforcement cases, and even more often have devised creative legal strategies to halt or resolve investigations long before they draw public scrutiny.
Representative Matters
- Defending a large manufacturer of power cables in a criminal antitrust investigation by the DOJ.
- Defending a large commodities manufacturer in an international, multi-jurisdictional cartel investigation.
- Represent a manufacturer of automotive parts in an investigation of alleged anticompetitive activity.
- Represented executives of various airlines in investigations in the air cargo and passenger industries in several jurisdictions.
- Represented a major railroad in an investigation by the New Jersey Attorney General's office into alleged collusion in fuel surcharges.
- Represented one of the largest providers of telecommunications services in Asia in a DOJ investigation of alleged collusion with respect to termination rates charged to US carriers.
- Represented a leading global producer of rubber chemicals in connection with US, European, and Canadian investigations and related antitrust and securities litigation.
- Represented one of the world’s leading oil companies in an EU cartel investigation into the bitumen market.
- Represented a major US producer of chemicals in price-fixing investigations by the DOJ.
- Represented a manufacturer of consumer health products in a DOJ investigation of collusion concerning broker fees and related antitrust litigation.
- Provided an independent evaluation to the Board and auditors of a leading paper products company as to the adequacy of an internal investigation of possible cartel activity.
|
|