Criminal Antitrust Defense

Criminal enforcement has become a top priority at the Justice Department in recent years. Several dozen grand jury investigations are usually pending at any one time, and the penalties, in terms of both monetary fines and jail terms, have become staggering. Fines as high as $500 million have been levied, and fines over $10 million are now commonplace. In recent years, foreign cartel activity has become a particular focus of criminal enforcement. Because of Baker & McKenzie’s experience and international scope, we are  particularly well-positioned to handle such international criminal matters. Our representation typically includes advising clients on the relevant enforcement authorities’ leniency policies, coordinating to the extent necessary with our competition partners around the world to develop a uniform strategy in our client’s interest, handling discussions and negotiations with these authorities, and defending our clients in on-going investigations, court proceedings and  subsequent appeals. We currently represent clients in several grand jury investigations of alleged international cartel activity. 

Baker & McKenzie lawyers are prominent in the criminal antitrust bar. For example, a partner in our Chicago office has tried a number of significant criminal antitrust cases, is a Fellow of The American Board of Criminal Lawyers, and is the founding Co-Chair of the Committee on International Criminal Law of the American Bar Association’s Criminal Justice Section. A partner in our Washington D.C. office prosecuted criminal antitrust cases while at the Justice Department, has been a contributing editor to the ABA Handbook on Antitrust Grand Jury Investigations, and is the antitrust member of the Board of Editors of the Business Crimes Bulletin. Additionally, a partner  in our New York Office recently joined the Firm after 10 years experience in prosecuting antitrust cases on behalf of the DOJ.