The wait is over: DOJ resurrects Section 2 criminal charges

US antitrust lawyers will remember Halloween 2022 as the day that criminal enforcement of Section 2 of the Sherman Act was resurrected. Norton Rose Fulbright partner Carsten Reichel describes how the Department of Justice Division secured a “near-perfect storm” of facts in its first criminal monopolisation case in nearly a half-century and explores the obstacles the agency faces if it cannot secure a guilty plea.

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