On May 20, 2009, President Obama signed into law the Fraud Enforcement and Recovery Act (“FERA”). This comprehensive legislation expands the reach of federal law and increases funding for federal agencies to combat financial fraud. The most dramatic changes affecting government contractors and organizations participating in federally-funded programs are found in FERA’s expansion of the False Claims Act (“FCA”). >>
On May 28, 2008, DHL Express US (“DHL”), the wholly-owned U.S. subsidiary of Deutsche Post AG, issued a press release announcing its intention to enter into a collaboration with United Parcel Service (“UPS”), one of its principal competitors. >>
The Federal Trade Commission (FTC) has announced its annual revisions to the Hart Scott Rodino Antitrust Improvements Act of 1976 (HSR Act) jurisdictional thresholds. The revised thresholds will become effective on February 12, 2009 and will apply to all transactions closing on or after that date. >>
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Antitrust and Competition
Companies today face the risk of increased antitrust scrutiny by enforcement authorities in the United States and in foreign jurisdictions. Cartel enforcement has dramatically increased in recent years, and the penalties for criminal violations of the U.S. antitrust laws include record-breaking fines and increasingly long sentences for both U.S. and foreign executives. Foreign competition authorities have also stepped up their enforcement, and coordinated parallel investigations across jurisdictions are becoming increasingly common. Haynes and Boone attorneys have extensive experience in defending clients involved in cartel enforcement proceedings in the United States, assisting our clients in the defense of parallel cartel investigations initiated by foreign competition authorities, and defending clients in follow-on private treble damage litigation.
We represent Fortune 500 companies and international corporations as well as their executives and directors in the defense of claims of alleged antitrust violations. For example, we have been actively involved representing corporate clients and their officers and executives in major international cartel investigations in a variety of industries including air cargo, freight forwarding, vitamins, food additives and flavor enhancements, chemicals, computer memory chip, marine hose, LCD, and CRT, among others. We are currently actively involved in grand jury proceedings across the country investigating allegations of price fixing, bid-rigging, market allocation, or other antitrust and related collateral offenses involving fraud and corruption.
We are experienced in assessing corporate and individual leniency issues; negotiating with federal, state and international competition authorities; and designing and implementing a national or international cartel litigation defense strategy. In addition, we have substantial experience in conducting complex internal investigations of alleged wrongdoing, and we regularly assist clients in developing and implementing corporate regulatory compliance programs.
Our team has the experience and capability to help you successfully navigate all aspects of the criminal process. Our group draws upon the collective experience of former high-ranking federal prosecutors including a former Deputy Assistant Attorney General of the Antitrust Division, a former Chief of the Dallas Field Office of the Antitrust Division of the United States Department of Justice and a former United States Attorney for the Southern District of Texas. We also have a number of other attorneys with federal antitrust enforcement experience. Our attorneys are sought-after speakers and writers on the subject of cartel enforcement and have appeared on the faculty of the International Cartel Workshop, the national White Collar Crime Conference, and the ABA Antitrust Section Spring Meeting, among others.