Alerts11.7.22

DOJ Obtains First Guilty Plea for Criminal Monopolization in Decades

DOJ

Highlights

A Montana District Court accepted the guilty plea of an asphalt and paving contractor accused of attempted monopolization

The case is the DOJ’s first successful criminal prosecution for monopolization under Section 2 of the Sherman Act in over 40 years

The DOJ brought criminal antitrust charges even though the defendant did not succeed in conspiring to allocate markets, signaling a new strategy and possibly more aggressive criminal enforcement of the Sherman Act


The U.S. District Court for the District of Montana accepted the guilty plea of an asphalt and paving contractor accused of illegal collusion with his main competitor. The government prosecutors’ plea agreement represents the first successful criminal prosecution for attempted monopolization since the middle of the last century, and the plea suggests a new enforcement strategy by the U.S. Department of Justice (DOJ) Antitrust Division.

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