Search for:
Antitrust / Competition

United States: Cross-Border White Collar Enforcement – Updates in Antitrust and FCPA Enforcement

By , and 2 Mins Read

In brief

On February 13, 2025, the US Department of Justice Antitrust Division (“DOJ”) and the Federal Bureau of Investigation (“FBI”) announced the launch of a new online portal to help track and arrest international fugitives believed to be evading prosecution for anticompetitive crimes by remaining abroad. Specifically, the portal features information on individuals who have been publicly charged with competition crimes but have not yet answered the charges in federal court. The portal currently provides identifying information for more than 70 international fugitives charged in connection with DOJ’s long-standing investigations into price fixing and bid rigging conspiracies related to automotive parts, fuel supply contracts to the US Department of Defense, air cargo, and international shipping, among others.1

In the joint agency announcement, FBI Assistant Director Chad Yarbrough explained that”[b]y streamlining intelligence sharing and coordination, [FBI] are better equipped than ever to ensure no criminal can evade justice by hiding across borders.” The announcement reflects DOJ’s proactive efforts to bring suspected antitrust offenders to justice in partnership with FBI’s International Corruption unit, which investigates individuals and organizations committing anticompetitive violations harming US consumers and its economy.

The Department of Justice’s (DOJ) focus on prosecuting international actors who violate US competition laws aligns with the February 10th Executive Order, which temporarily halts DOJ’s enforcement of the Foreign Corrupt Practices Act (FCPA). This pause is intended to alleviate regulatory pressures on US businesses operating abroad until new enforcement guidelines are established.

The DOJ’s online portal serves as a testament to its dedication to global cooperation and accountability, highlighting efforts to prosecute crimes that significantly impact US commerce. This dual strategy—targeting international wrongdoers while pausing FCPA enforcement—reflects a nuanced balance between maintaining competitive fairness and reducing regulatory burdens on domestic companies.

(See here for more information on the FCPA Executive Order).

1 FBI Antitrust Fugitives — FBI

Categories:
Tags:
Author

Ashley Eickhof is a senior associate in the Firm's North America Antitrust & Competition Practice Group. She has a proven track record of successfully representing multinational corporations and their executives in high-stakes criminal and civil investigations by federal and state agencies, including the US Department of Justice and Federal Trade Commission. In 2024, Ashley was honored as a "Rising Star" by Legal 500 in both antitrust cartel and antitrust civil litigations/class action defense. Drawing upon her background as a federal prosecutor for the Antitrust Division of the US Department of Justice, Ashley brings invaluable insight to her clients, ensuring effective representation in the most complex legal matters.
Ashley serves as Co-Chair of BakerWomen DC and is on the Steering Committee for the Firm’s Cartel Task Force.

Author

Jeff Martino brings an in-depth understanding of a wide variety of white collar and fraud related matters to his antitrust litigation and investigations practice. Jeff is co-lead of the Firm's Global Cartel Task Force and represents multinational corporations and their boards and executives in high-stakes criminal and civil investigations by the US Department of Justice (DOJ) and other federal and state agencies. Jeff draws upon his extensive criminal investigations, litigation, and enforcement experience to advise clients through sensitive matters pertaining to international cartel actions and white collar investigations. Prior to joining Baker McKenzie, Jeff spent nearly two decades at the DOJ and his last five years as Chief of DOJ Antitrust Division's New York Office. He has extensive experience as "first chair" on trials and investigations in the most complex areas of criminal antitrust and market manipulation. Jeff's work at the DOJ included providing technical assistance to competition agencies in Asia, Africa, the Americas and Europe and overseeing matters that included international corruption and antitrust cartel offenses that entangled the largest global banks and their key executives.

Author

Byron Tuyay is a senior associate in Baker McKenzie's North America Antitrust & Competition Practice Group in Los Angeles. He has represented individuals and corporations on matters involving a broad range of antitrust law issues arising from investigations conducted by the US Department of Justice, Federal Trade Commission, and international competition authorities.
Byron was an Assistant United States Attorney at the US Attorney's Office for the Central District of California where he prosecuted a wide variety of federal crimes including white collar crimes and COVID-19 related fraud schemes, coordinated multi-agency investigations, and conducted federal criminal jury trials. As a federal prosecutor, Byron also briefed and argued appeals before the United States Court of Appeals for the Ninth Circuit.
Before Joining the US Attorney's Office, Byron was an attorney at a global law firm where he practiced antitrust and competition law.

Related Posts