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Cartel & Criminal Practice May 2024 Update

Heather Marie Burke, J Frank Hogue, Lauren Gorab, and Martin M Toto

On this installment of the Cartel & Criminal Practice Committee’s Bi-Monthly Update series, attorneys from White & Case discuss recent developments and trends in criminal antitrust enforcement in the United States.  This program covers updates in three main areas where regulators have focuses in the past year:  ESG, labor, and algorithmic pricing/AI.  Martin Toto, a partner is White & Case’s New York office, discusses recent action in ESG and advice for clients in light of the U.S. regulators’ lack of guidance on implementing ESG initiatives.  Heather Burke, a partner in White & Case’s Silicon Valley office, covers recent DOJ labor market cases and the FTC’s very recent rule banning all employer-employee non-compete agreements.  Frank Hogue, a partner in White & Case’s Washington, D.C. office, explains some recent developments in and cases concerning algorithmic pricing, the DOJ’s position on “healthcare monopolies” and its own investment in AI tools, and observations for clients investing in AI and algorithms.