Legislators at many levels of government in the United States have proposed prohibiting the use of software algorithms that depend on non-public data from competitors to assist sellers in making…
Recently the Justice Department’s Antitrust Division and the FBI jointly announced the launch of a new online portal for information on international fugitives who have been charged with antitrust…
The Supreme Court has now denied cert in three different challenges to the per se rule in criminal antitrust cases, the latest being the denial of the cross-cert petition by Brent Brewbaker. It is…
On February 1, 2022, Brent Brewbaker, a former executive of Contech Engineered Solutions LLC was convicted by a jury for his participation in bid-rigging and fraud schemes targeting the North…
Federal and state antitrust enforcers and the private plaintiffs’ bar have revenue management software (RMS) squarely in their sights. In a string of recent antitrust cases, they have attacked…
In the last 12 months, the Department of Justice Antitrust Division has announced 19 new criminal cases. All of the cases focused on local markets. While this is not entirely new, it is in stark…
There has been a series of announcements by the Department of Justice of pilot programs designed to lure “insiders” to expose crimes, particularly financial crimes. The first announcement was a new…
This Episode Is About: Residential Real Estate and Antitrust
Why: A settlement has been reached between the National Association of Realtors (or NAR) and the class action plaintiffs that would…
I have not written a blog post in some time. Been busy, or perhaps a bit lazy, but the Fourth Circuit opinion in United States v. Brewbaker, __ F. 4th __(4th Cir. 12/1/2023), 2023-2 Trade Cases ¶82…
One of the saddest lessons of history is this: If we’ve been bamboozled long enough, we tend to reject any evidence of the bamboozle. We’re no longer interested in finding out the truth. The…
