White Collar Defense, Internal Investigations, & Regulatory Compliance

Antitrust & Competition

Defense in DOJ Antitrust Division investigations and parallel international competition proceedings.

Overview

DOJ Antitrust Division criminal investigations, targeting price-fixing, bid-rigging, and market allocation, are among the most complex federal criminal matters. The Division frequently coordinates with the EU Commission, UK CMA, and other foreign regulators, meaning a company or individual under investigation may face simultaneous proceedings in multiple jurisdictions.

Michael Garcia co-counsels with Adam Fels in representing a Latin American executive of a leading telecommunications company facing simultaneous DOJ Antitrust and EU Commission investigations for alleged price fixing in mobile voice and data markets across Latin America and the Caribbean, with parallel proceedings in Panama and Jamaica.

Our Approach

Antitrust criminal cases require both cartel economics expertise and strategic judgment about the interaction between proceedings in different jurisdictions. A statement or document produced in one jurisdiction can be used in another. We coordinate across jurisdictions with foreign co-counsel and build a unified defense strategy accounting for all relevant proceedings simultaneously.

Representative Experience

White Collar & Government Investigations

DOJ antitrust price-fixing investigation; client cleared
Conducted a full internal investigation in response to government subpoenas in a DOJ antitrust price-fixing investigation, demonstrating the client's lack of involvement in the charged conspiracy; other individuals charged were subsequently acquitted. In a separate DOJ antitrust investigation of a former company officer, the firm's internal investigation led the DOJ to close its inquiry.
DOJ price-fixing probe of industry executives
Assisted on internal investigations connected to a DOJ price-fixing probe involving industry executives, work that helped establish a client's non-involvement.

Latin America & Cross-Border

Parallel U.S. and EU telecom price-fixing investigation
Represents a Latin American executive of a leading telecommunications company under simultaneous investigation by the U.S. Department of Justice Antitrust Division and the European Commission over alleged price fixing in mobile voice and data markets across Latin America and the Caribbean, managing parallel proceedings in the United States, Panama, and Jamaica.

Frequently Asked Questions

What is the DOJ Antitrust Leniency Program?

The DOJ Antitrust Leniency Program offers the first conspirator to report a cartel and fully cooperate complete immunity from prosecution. Only one company can receive leniency for any given cartel, creating a 'race to the prosecutor' dynamic. Individuals employed by the cooperating company can also receive leniency protections. Defense strategy must account for who else may be cooperating.

We just learned that a competitor has received DOJ Antitrust leniency for the same conduct we're involved in. What does that mean for us?

It means the government has a cooperating witness with detailed knowledge of the alleged cartel, including your company's participation. The leniency recipient is required to cooperate fully with the Antitrust Division, including making witnesses available, producing documents, and providing information about co-conspirators. You need to determine: (1) What conduct might the leniency applicant be describing and what evidence exists? (2) Is there a second-in position available under the Antitrust Division's Amnesty Plus program, which provides leniency in a second investigation in exchange for information about a separate cartel? (3) What are the parallel risks, such as civil class action treble damages, EU Commission fines, and proceedings in other jurisdictions where the cartel operated? Criminal antitrust defense strategy must account for all of these dimensions simultaneously, and the fact that a competitor has received leniency makes speed essential.

Team

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Michael E. Garcia

Partner

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Adam S. Fels

Founding Partner

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