Competition Law and Antitrust Law

The Department of Justice recently announced that Bayer CropScience voluntarily removed potentially anticompetitive provisions from its Premier Performance Program during an ongoing investigation. The program's tying arrangements and exclusivity incentives raised concerns about foreclosing competition in seed markets, highlighting critical antitrust risks that companies with loyalty programs should evaluate before facing enforcement scrutiny.

ast week, the U.S. Department of Justice (DOJ) Antitrust Division (the Division) revealed criminal charges against China International Marine Containers (Group) Co., Ltd. (CIMC)...

The Department of Justice Antitrust Division has intensified its prosecution of government contractors through its Procurement Collusion Strike Force, which has opened nearly 200 investigations since 2019. With a new whistleblower program generating a surge of leads and recent guilty pleas in bid-rigging schemes involving military contracts, contractors face heightened scrutiny and significant risks including jail time, debarment, and civil litigation.

Federal enforcement agencies in the Northern District of California are ramping up activity, with the SEC, DOJ and U.S. Attorney’s Office all prioritizing cases involving fraud, misrepresentation, antitrust violations...

As artificial intelligence (AI) becomes increasingly available to support business operations, companies may consider incorporating AI-driven tools, such as those used for algorithmic pricing, into their marketing strategies.

The Cartwright Act, California’s state antitrust law, has never had an equivalent to Section 2 of the Sherman Act that would allow state authorities to target single-firm monopolization conduct.

The Department of Justice has secured major settlements totaling over $550 million against companies for customs fraud, signaling an aggressive enforcement posture on trade violations. These cases demonstrate that businesses of all sizes face significant civil and criminal liability for misrepresenting imported goods to evade tariffs and duties. Companies must now evaluate their supply chains and compliance programs to avoid becoming the next target of DOJ's Trade Fraud Task Force.

The Office of the United States Trade Representative has opened a comment period for businesses to identify non-sensitive products that could benefit from favorable tariff modifications...

The Department of Justice recently announced that Bayer CropScience voluntarily removed potentially anticompetitive provisions from its Premier Performance Program during an ongoing investigation. The program's tying arrangements and exclusivity incentives raised concerns about foreclosing competition in seed markets, highlighting critical antitrust risks that companies with loyalty programs should evaluate before facing enforcement scrutiny.