Aggressive enforcement

Significant US criminal antitrust developments in 2023

by Andre Geverola, Wilson Mudge, Mili Nadipalli and Leah Harrell

Despite the fact that the judicial response to US Department of Justice (DoJ) criminal enforcement cases in 2023 resulted in several losses for the Department (notably in labour market cases) the DoJ has sustained aggressive enforcement over a wide front. Throughout 2023 it undertook enforcement action in a number of areas in addition to labour markets, including in government procurement and in respect of section 2 (monopolisation) cases. It also demonstrated a renewed focus and commitment in the field of international price-fixing cases. This article discusses the most broadly significant criminal antitrust criminal enforcement cases of 2023 followed by a deeper dive into labour market, procurement and international price fixing cases.