DOJ Brings First Criminal Charges Under Section 2 Of The Sherman Act In Nearly 50 Years

• Published date: 16 November 2022
• Law Firm: Duane Morris LLP
• Author: Mr Sean P. McConnell, Christopher H. Casey, Brian H. Pandya and Sarah O'Laughlin Kulik

Consistent with its promise to revive criminal charges under Section 2 of the Sherman Act, the U.S. Department of Justice Antitrust Division recently announced that the owner and president of a paving and asphalt contractor based in Billings, Montana, pled guilty to a criminal count of attempted monopolization under Section 2. The DOJ's press release indicates that the guilty plea was the result of a joint investigation conducted by the Antitrust Division, the U.S. Attorney's Office for the District of Montana and the Department of Transportation Office of Inspector General as part of the Justice Department's Procurement Collusion Strike Force. The case represents the first time in nearly 50 years that the DOJ has brought criminal charges against a defendant under Section 2.

According to the one-count information filed by the government, the defendant, Nathan Zito, called the executive of a competitor and proposed an arrangement...