The Department of Justice’s Antitrust Division is unlikely to be deterred by last week’s trial setbacks.
  • Juries acquitted two sets of defendants of antitrust claims involving labor markets.
  • The Antitrust Division will continue to pursue labor cases and has three more trials pending.
  • The Division is willing to accept some losses in trials as a cost of taking a more aggressive enforcement position.
In this client alert, the authors summarize the recent setbacks, discuss the Division’s labor initiative, and conclude that more aggressive enforcement is on its way.