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Criminal or quasi-criminal enforcement of competition laws is becoming the norm across the globe, with a particular focus on sweeping, large-scale cartel investigations. Crowell & Moring has the experience to guide clients through all phases of criminal antitrust proceedings, from grand jury investigations to amnesty applications, extradition proceedings, and government litigation.

Our team includes several former Department of Justice (DOJ) prosecutors, whose first-hand experience and deep understanding of the government's strategic imperatives enable them to evaluate all options and provide a rigorous, effective defense. We have represented companies and key employees in the full range of criminal antitrust matters, including government allegations of price fixing, bid rigging, market allocation, customer allocation, and related issues of fraud and corruption. Because U.S. criminal proceedings often involve global cartels, we also deal regularly with competition authorities in Canada, and countries in Europe, Asia, and elsewhere.

We regularly represent clients involved in parallel civil litigation. For example, after a U.S. government investigation into Section 1 violations, we won summary judgment in a class action seeking $4 billion in damages relating to the same alleged conduct. The dismissal was affirmed by the U.S. Court of Appeals for the Ninth Circuit.

We represent clients operating in a broad range of industries, including agriculture, industrial products, building products, commercial explosives, transportation and shipping, telecommunications, and oil field services. We have a strong record of convincing the U.S. Department of Justice and various state attorneys general offices to close criminal investigations of our clients.

Representative Engagements

  • Represented a multinational corporation and several executives in connection with the various automotive parts grand jury investigation
  • Negotiated a leniency petition for a corporate client in a global cartel investigation, which continued despite evidence of obstruction of justice by one of our corporate client's senior executives and his subordinate
  • Negotiated a favorable plea resolution in a major, global price-fixing investigation by persuading the DOJ staff that certain conduct constituted a separate conspiracy and was therefore beyond the statute of limitations
  • Negotiated an amnesty agreement with the DOJ whereby the client company and its employees avoided any criminal charges associated with a price-fixing conspiracy that resulted in indictments and convictions of other participants
  • Persuaded senior Justice Department officials to overrule the staff recommendation to indict our corporate client for price-fixing, despite evidence provided from a competitor with amnesty
  • Defended an individual in obtaining a judgment of acquittal at the close of the government's case in a criminal bid-rigging trial

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"Biden’s First 100 Days: Developments to Date and What Lies Ahead," Climate Law & Environmental Finance Update (May 7, 2021). Contacts: James G. Flood, Michael K. Atkinson, Tim Shadyac, Troy A. Barsky, Byron R. Brown, Caroline E. Brown, Robert A. Burton, Matthew Cohen, Kelly T. Currie, Jodi G. Daniel, W. Scott Douglas, Carina C. Federico, Paul Freeman, Thomas P. Gies, Alexis J. Gilman, Christine B. Hawes, Robert Holleyman, Stacie Heller, S. Starling Marshall, Shelley Su, Jeane A. Thomas, CIPP/E, Scott L. Winkelman, Tiffany Wynn
Client Alert/Newsletter
The American Lawyer Names Rebecca Monck Ricigliano a 2021 Northeast Trailblazer (May.03.2021)
Firm News/Announcement
NHTSA Proposes Rule On Safe Deployment Of Self-Driving Vehicles (May-June 2021). Authors: Rebecca Baden Chaney, and Rukiya Mohamed.
Publications
Northeast Trailblazers 2021 The American Lawyer (May 1, 2021)
Media Mentions
"Paycheck Protection Program Investigations," Investigations: Readiness and Response Webinar Series (April 30, 2021). Presenters: Olivia Lynch, Amy Laderberg O'Sullivan, Rebecca Monck Ricigliano, and Tiffany Wynn.
Speech/Presentation
"Environmental Investigations," Investigations: Readiness and Response Webinar Series (April 30, 2021). Presenters: Michael Boucher, Derek A. Hahn, Byron R. Brown, and Paul Freeman.
Speech/Presentation
'Utter Nonsense': Chuck Rosenberg Blasts Giuliani's Search Warrant Protests (video clip) MSNBC (April 30, 2021)
Media Mentions
"Anti-Corruption & Sanctions Investigations," Investigations: Readiness and Response Webinar Series (April 29, 2021). Presenters: Nimrod Haim Aviad, Thomas A. Hanusik, Michelle J. Linderman, Warrington Parker, and Robert Clifton Burns.
Speech/Presentation
‘Today Was An Important Day’: Chuck Rosenberg Responds To Federal Agents Executing Search Warrants On Giuliani’s Home And Office (video clip) MSNBC (April 29, 2021)
Media Mentions
Commerce Publishes ANPRM Seeking Comment On The Licensing Process For ICTS Transactions (April 28, 2021). Authors: Caroline E. Brown, Adelicia R. Cliffe, Maria Alejandra del-Cerro, and Alan W.H. Gourley.
Publications

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Crowell & Moring LLP is an international law firm with approximately 550 lawyers representing clients in litigation and arbitration, regulatory and policy, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity, equity and inclusion. The firm has offices in Brussels, Doha, London, Los Angeles, New York, Orange County, San Francisco, Shanghai, and Washington, D.C.

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