Double trial: The Tipline for 5 June 2020

When securing the conviction of the former head of Bumble Bee Foods in December, the Department of Justice only needed to show that a conspiracy existed. Now, the government’s prosecutors and Christopher Lischewski’s defence counsel are debating the volume of commerce that the cartel impacted – with significant prison time potentially on the line. During a sentencing hearing this week, the presiding judge said the defence’s proposed burden of proof would require an additional trial with the kind of complex economic analysis you see in civil litigation. But not to alarm any of you with PhDs, the court did not appear inclined to open criminal proceedings to full-fledged antitrust economics.

Unlock unlimited access to all Global Competition Review content