Federal Antitrust Lawyer | Varghese Summersett

A federal antitrust lawyer defends individuals and corporations accused of violating laws that prohibit anti-competitive business practices. These charges carry severe penalties, including fines up to $100 million for corporations and up to 10 years in federal prison for individuals. At Varghese Summersett, our team includes former federal prosecutors who have handled complex white collar investigations on both sides of the courtroom.

Federal antitrust violations are among the most aggressively prosecuted white collar crimes in the United States. The Department of Justice’s Antitrust Division treats price fixing, bid rigging, and market allocation as “per se” illegal, meaning prosecutors do not need to prove intent. If your business is under investigation or you have received a target letter, contacting an experienced federal defense attorney immediately can make a significant difference in the outcome of your case.

What Are Federal Antitrust Laws?

Federal antitrust laws are statutes designed to protect free market competition by prohibiting business practices that unfairly eliminate competitors or artificially control prices. The two primary federal antitrust statutes are the Sherman Act and the Clayton Act.

The Sherman Act (15 U.S.C. §§ 1-7) focuses on agreements between competitors that restrain trade. It also prohibits monopolization and attempts to monopolize any part of interstate commerce. The Clayton Act (15 U.S.C. §§ 12-27) addresses specific anti-competitive practices not explicitly covered by the Sherman Act, such as certain mergers and interlocking directorates.

Violations of either statute are federal felonies prosecuted by the Antitrust Division of the Department of Justice.

What Are the Penalties for Federal Antitrust Violations?

The penalties for federal antitrust crimes are among the harshest in white collar criminal law. Under the Sherman Act, convicted defendants face:

For Corporations:

• Fines up to $100 million per violation
• Alternative fines up to twice the gain from the illegal conduct or twice the loss caused to victims
• Criminal forfeiture of assets obtained through the violation

For Individuals:

• Fines up to $1 million per violation
• Up to 10 years in federal prison
• Alternative fines up to twice the personal gain or victim loss

The Clayton Act carries the same punishment range. Beyond criminal penalties, companies and individuals may face civil lawsuits from injured parties seeking triple damages under federal law.

What Is Market Allocation?

Market allocation occurs when competing businesses agree to divide territories, customers, or product lines among themselves rather than competing openly. For example, two manufacturers might agree that one will sell only in Texas while the other sells only in Oklahoma. This eliminates competition and allows each company to charge higher prices within their designated area.

Market allocation schemes are per se violations of the Sherman Act. Prosecutors do not need to prove the agreement harmed consumers or that the defendants intended to break the law. The agreement itself is the crime.

What Is Bid Rigging?

Bid rigging happens when businesses that should be competing for a contract secretly coordinate their bids. The most common form is complementary bidding, where competitors submit intentionally high bids to ensure the designated “winner” receives the contract at an inflated price. Other forms include bid rotation, where competitors take turns winning contracts, and bid suppression, where some competitors simply agree not to bid.

Government contracts are frequent targets for bid rigging schemes. Federal prosecutors aggressively pursue these cases because they waste taxpayer money and undermine public trust in the procurement process.

Under Federal Investigation? If you suspect your business is being investigated for antitrust violations, do not speak to investigators without legal counsel. Our federal defense attorneys can protect your rights from the earliest stages. (817) 203-2220

What Is Price Fixing?

Price fixing occurs when competitors agree to set, maintain, or change prices rather than letting market forces determine them. This can include agreements to charge the same price, to increase prices by a certain percentage, or to eliminate discounts. Even informal discussions about pricing between competitors can constitute illegal price fixing.

Price fixing agreements are extremely difficult for investigators to prove because they typically occur in secret. As a result, prosecutors often rely on circumstantial evidence, including suspicious pricing patterns, unusual communications between competitors, and testimony from cooperating witnesses.

How Does the DOJ Investigate Antitrust Crimes?

The Antitrust Division uses several investigative tools to uncover illegal conduct. Grand jury subpoenas compel production of business records, emails, and other documents. FBI agents may conduct interviews of current and former employees. In some cases, investigators use wiretaps, search warrants, and undercover operations.

The DOJ also operates a Corporate Leniency Program that offers immunity to the first company that reports its participation in a cartel and cooperates fully with investigators. This program has proven highly effective at uncovering price fixing and bid rigging schemes that might otherwise remain hidden.

If you receive a federal target letter or learn that employees have been subpoenaed, you should assume an active investigation is underway and contact a federal defense lawyer immediately.

What Are Defenses to Federal Antitrust Charges?

While antitrust violations are serious charges, several defenses may apply depending on the facts of your case.

No Agreement Existed: Because antitrust crimes require an agreement between competitors, proving that no such agreement existed is often the strongest defense. Parallel business conduct, such as competitors independently raising prices around the same time, is not illegal without evidence of coordination.

Conscious Parallelism: When competitors make similar pricing decisions independently based on market conditions, this is called conscious parallelism. While prices may appear fixed, there is no violation without a formal or informal agreement.

Legitimate Business Justification: Some agreements between businesses are lawful if they have a legitimate purpose and do not unreasonably restrain trade. Joint ventures, licensing agreements, and certain vertical arrangements may fall outside per se treatment.

Statute of Limitations: Federal antitrust crimes generally have a five-year statute of limitations. If the alleged conduct occurred more than five years before indictment, the charges may be barred.

Constitutional Violations: Evidence obtained through illegal searches or coerced statements may be suppressed. Procedural errors by investigators can sometimes result in dismissal of charges.

Watch: White Collar Crime Investigations

Why Choose Varghese Summersett for Federal Antitrust Defense?

Federal antitrust investigations move quickly and demand immediate, strategic action. Our firm brings unique advantages to these complex cases. Our team includes former federal prosecutors who handled financial crimes and understand how the government builds its case. With more than 70 attorneys and staff across four Texas offices, we have the resources to manage document-intensive investigations.

We have secured more than 1,600 dismissals and 800 charge reductions across all practice areas. Our attorneys have tried cases in federal courts throughout Texas and understand the local procedures, judges, and prosecutors involved in these matters.

Early intervention is especially valuable in antitrust cases. Before charges are filed, we may be able to negotiate with prosecutors, present evidence of innocence, or explore cooperation agreements that significantly reduce exposure.

Frequently Asked Questions About Federal Antitrust Charges

Can I go to prison for antitrust violations?

Yes. Federal antitrust violations under the Sherman Act carry a maximum sentence of 10 years in prison for individuals. The DOJ regularly seeks prison time for executives involved in price fixing, bid rigging, and market allocation schemes.

What is the statute of limitations for federal antitrust crimes?

The general statute of limitations for federal antitrust crimes is five years from the date of the last overt act in furtherance of the conspiracy. However, ongoing schemes may extend this period.

Can my company be prosecuted even if I did not know about the illegal activity?

Yes. Corporations can be held criminally liable for the actions of their employees acting within the scope of their employment, even without knowledge by senior management. This makes compliance programs and internal controls essential.

What should I do if the FBI wants to interview me about antitrust activity?

You should not speak to federal investigators without first consulting a lawyer. You have the right to have an attorney present during any interview. Anything you say can be used against you, and even innocent statements can be misinterpreted.

What is the DOJ’s leniency program?

The Corporate Leniency Program offers immunity from criminal prosecution to the first company that reports its participation in a cartel and fully cooperates with investigators. Individual participants may also qualify for immunity under certain conditions.

Schedule a Free Consultation with a Federal Antitrust Lawyer

If you or your company is facing a federal antitrust investigation or has already been charged, time is critical. The decisions you make in the early stages of a case can determine whether you face prison time or walk away with your freedom and reputation intact. Our former federal prosecutors understand how the government builds these cases and know how to mount an effective defense.

Contact Varghese Summersett today for a free, confidential consultation. Call (817) 203-2220 to speak with an experienced federal defense attorney.