Authors: Steven Cernak & Molly Donovan The Federal Trade Commission and the Department of Justice are reminding companies that, in responding to grand jury subpoenas and second requests, there is an obligation to preserve data and communications created using “new methods of collaboration and information sharing tools, even including tools…
Author: Luis Blanquez What is Bid-rigging? The DOJ describes bid rigging as an agreement among competitors as to who will submit the most competitive bid and who won’t, i.e., who should win and who should lose, in a competitive bidding situation. Typically, bid rigging occurs when a purchaser solicits bids…
Authors: Jon Cieslak & Molly Donovan Having recently defended an investigation brought by the U.S. Department of Justice Antitrust Division—which was closed without prosecution of our client—we had the opportunity to reflect on ways that lawyers can navigate the high-stakes interactions with government enforcers who are investigating antitrust or other…
Authors: Jon Cieslak and Molly Donovan For the first time, there is a nationwide Voluntary Self-Disclosure Program applicable to any corporate misconduct prosecutable by a US Attorney. As detailed below, companies that make a qualifying Voluntary Self-Disclosure (VSD) are eligible for “resolutions under more favorable terms than if the government…
Authors: Jon Cieslak & Molly Donovan Two individuals and four of their corporate entities pleaded guilty to an antitrust conspiracy to fix the prices of DVDs and Blu-Rays sold on Amazon’s platform during the 2016-2019 time period. According to the plea agreements, the defendants “engaged in discussions, transmitted across state…
Author: Jarod Bona You can buy and sell products or services in many different ways in a particular market. For example, if you want to purchase some whey protein powder, you can walk into a store, go to the protein or smoothie-ingredient section, examine the prices of the different brands,…
Author: Molly Donovan Every Pricer in Priceville liked Christmas a lot. But the Government, eastward in DC, did NOT! The Government hated the whole of the season! Please don’t ask us why. No one quite knows the reason. Whatever the reason, they could have been nicer,…
Author: Molly Donovan A new episode of the “If I Were You” podcast is here! You can listen to it here. Featuring Bona Law partner Jon Cieslak. This Episode Is About: Investigative Subpoenas Why: In-house lawyers need to know what to do upon receiving an investigative subpoena in an antitrust…
Author: Molly Donovan Nathan is nine. His grandmother makes excellent meatballs using an age-old family recipe. Together, Nathan and grandma decide to can the meatballs and sell them to their neighbors on the north side of town—just in time for the holidays as a turkey side dish. Things went great…
Author: Molly Donovan Amelia is 9. She makes friendship bracelets that are quite good because she uses high-sheen thread sourced directly from Brazil. Amelia sells the bracelets at school, from anywhere between $5 and $10, depending on how much thread and labor is required to make a particular bracelet. One…