In late March, attendees gathered in Washington, D.C., for the ABA Antitrust Law Section’s 71st annual spring meeting, including officials from state, federal and international antitrust enforcement agencies. These enforcers gave updates on new policy initiatives and continued areas of focus that companies should be mindful of in their practices and in evaluating the effectiveness of their compliance programs. The major takeaway from both state and federal agencies is that antitrust violations will continue to be aggressively enforced.

More to Come from DOJ

Despite some recent setbacks, the Department of Justice (DOJ) Antitrust Division reiterated its commitment to enforcement through its willingness to litigate cases. In fact, in response to recent trial losses, Deputy Assistant Attorney General Michael Kades responded that “if you bring only cases you know you will win, it means you are underenforcing.” Emma Burnham, acting director of criminal enforcement highlighted this aggressive enforcement attitude when she noted that the division currently has several open cases and nearly a dozen upcoming trials, and has had more grand jury investigations in the past year than in previous decades. She also noted some recent successes for the division, including the first sentencing in a criminal monopolization case in over 40 years and a jury verdict of guilty for three military contractors submitting sham quotes for government contracts. It is clear that the DOJ hopes to build on these successes, making 2023 an even bigger year for prosecutions.

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