Keep your friends close: The Tipline for 6 December 2019

The Department of Justice’s antitrust division’s second win in a busy season of criminal antitrust prosecutions benefited from strong co-conspirator testimony, including from a tuna executive’s subordinates. The DOJ proved the former executive’s involvement in the conspiracy, but that would not be necessary under Senator Elizabeth Warren’s proposed changes to the antitrust laws; chief executives would be held responsible for officers’ or employees’ misconduct as long as they “knew or should have known” about it.

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