Cartel & Criminal Investigations
Multinational cartel investigations can cause enormous disruptions to a company’s operations and result in penalties of huge sums, potential incarceration for executives and years of subsequent civil litigation. McDermott Will & Emery has a long and successful history of representing defendants in these investigations and has been involved in nearly every major international cartel investigation, achieving outstanding results for our clients. Most notably, McDermott lawyers successfully obtained a not guilty verdict for a publication paper competitor in a recent criminal trial, obtained amnesty for a competitor in one of the U.S. Department of Justice’s (DOJ’s) most high-profile cases, and obtained a non-prosecution agreement for a DRAM competitor in the DOJ’s highly publicized DRAM investigation. With our international platform, we are able to represent companies that are the subject of cartel investigations in the United States, Europe and Asia, developing successful global strategies for our clients.
McDermott conducts antitrust reviews and audits, and develops and implements compliance programs designed to prevent the commission of antitrust violations. The Firm also represents corporations and individuals who are the subjects or targets of both criminal and civil investigations in the United States, Europe as and parties to all forms of litigation. The Firm’s antitrust lawyers have extensive experience at each phase of a government investigation of alleged cartel behavior, including negotiation of leniency/amnesty applications before the DOJ and the European Commission, internal fact-finding, response to document subpoenas, civil investigative demands, article 18 inquiries, advice to companies subject to dawn raids, advice in extradition proceedings, representation of individuals called to testify before a grand jury or at investigational hearings, plea or settlement negotiations, and litigation.
Most of the government investigations of horizontal restraints in which McDermott is involved are non-public. However, we have represented clients in connection with price-fixing investigations involving the following industries: semiconductors, coal, carbon and graphite products, cement, defense procurement, chemicals, airline, corrugated containers, dredging, fluid milk, road-building, school bus bodies, beverage and paint cans, electronics, dental hygienists and allergists.
Our Antitrust Group includes several former senior staff members of formal antitrust authorities and leading white-collar criminal lawyers who have worked in the DOJ’s Criminal Division. This experience and knowledge of the agencies allows us to provide our clients timely and cost-effective representation.
In addition to representing defendants in government investigations, McDermott also has a long and successful history of representing defendants in civil cases brought by aggrieved customers and other plaintiffs. In the United States, it is typical that nationwide class actions will be brought as soon as a government investigation is made public. Plaintiffs are entitled to recover trebled damages under U.S. law, so exposure in civil cases can be much greater than in government investigations. In other jurisdictions worldwide, civil litigation in cartel cases is becoming more commonplace. McDermott has the experience to coordinate a global defense to civil claims.
Contacts
- David Marx Jr.
+1 312 984 7668
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