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The Paul, Weiss Antitrust Practice advises clients on a full range of global antitrust matters, including antitrust regulatory clearance, government investigations, private litigation, and counseling and compliance. The firm represents clients before antitrust and competition authorities in the United States, the European Union, the United Kingdom and other jurisdictions around the world.

Joe Bial Co-Authors Article on Criminal Enforcement Under Section 2 of the Sherman Act

January 23, 2024

Litigation partner Joe Bial published an article on criminal antitrust enforcement under Section 2 of the Sherman Act in the University of Iowa’s Journal of Corporation Law. In “Criminal Enforcement of Section 2 – How Significant Is the Threat?” published on January 23, Joe and former visiting lawyer Alex Evans consider the U.S. Department of Justice’s recent reassertion of its power to bring criminal prosecutions under Section 2 after half a century of criminal enforcement being restricted to “hardcore” cartel conduct under Section 1. The authors establish the historical precedent for Section 2 criminal enforcement, explore the considerable challenges the DOJ would need to overcome in order to succeed at trial, and contrast the DOJ’s approach to that of enforcers in other jurisdictions worldwide.

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