This Toolkit includes resources that help attorneys litigate and counsel on antitrust cartel matters. It includes materials relating to the Antitrust Division of the Department of Justice's (DOJ) criminal cartel enforcement and leniency programs, as well as materials relating to private antitrust follow-on litigation.
Antitrust cartel enforcement remains at an all-time high and a top priority for the Antitrust Division of the Department of Justice ( www.practicallaw.com/9-382-3397) (DOJ). In addition to criminal enforcement of cartels, companies should also be mindful of private follow-on actions, usually brought by direct or indirect purchasers alleging that they paid more for the products that were the subject of the cartel's price fixing. Defendant companies in follow-on actions face, among other things:
The possibility of treble damages.
Additional legal costs and attorneys' fees.
Loss of executive and employee time.
Antitrust attorneys who litigate cartels or who counsel on compliance to help their clients avoid cartel behavior must stay abreast of the DOJ's enforcement policies on issues such as leniency and investigative procedures. Practical Law Antitrust has a wide variety of continuously maintained resources to guide counsel on cartel topics and offers a collection of materials to support compliance training. The following is a selection of key content.
Practice Notes: Overview
More helpful content can be found on Practical Law Antitrust's Cartels topic page. For more on international cartel laws and leniency programs, visit the following multi-jurisdictional guides that highlight the cartel and leniency laws in a number of foreign countries:
Use our Country Q&A: Antitrust tool to also compare cartel laws and leniency programs across various countries.