Antitrust cartel enforcement remains at an all-time high and a top priority for the Antitrust Division of the Department of Justice (DOJ). As reported in its most recent annual report for the fiscal year 2013, the DOJ:

(See Legal Update, DOJ Antitrust Division Publishes 2014 Spring Update.)

The DOJ also recently achieved a number of "firsts," showing its strength in the cartel area, including:

At the American Bar Association's recent Antitrust Spring Meeting in Washington D.C., Deputy Assistant Attorney General for Criminal Enforcement Brent Snyder said that while foreign cartels and their related fines and jail terms are the subject of much media attention and news stories, the DOJ also continues to focus on domestic cartels. As examples of domestic enforcement in addition to the numerous guilty pleas it has accepted, the DOJ won two domestic cartel trials against defendants involved in:

Even companies that simply hold an interest in an entity involved in a cartel can be subject to substantial fines. The European Commission recently held Goldman Sachs jointly and severally liable for its former subsidiary's cartel behavior. The Vice President of the European Commission responsible for competition policy, Joaquin Almunia, noted the responsibility of private equity companies to ensure that the companies in which they invest fully comply with competition law (see Legal Update, Commission fines participants in high voltage power cables cartel).

In addition to public 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:

For more on follow-on actions, see Practice Note, Private Antitrust Actions: Government Prosecution and Follow-on Private Actions.

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 and investigative procedures. Practical Law Antitrust has a wide variety of resources to get attorneys up to speed on cartel topics (including private follow-on actions) and offers a collection of materials to support compliance training. The following is a selection of key content designed for use in cartel-related investigations and counseling.

Understanding the DOJ's investigative procedure and leniency programs:

For use in compliance programs and training:

To keep abreast of ongoing DOJ investigations:

Preparing a complaint or a motion to dismiss in private follow-on actions:

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.