Under the Sherman Antitrust Act, price fixing and market allocations are illegal. Competitors must not collude to determine the cost of products in a way that harms the public. The courts view price fixing as either “illegal per se” — when competitors conspire to charge higher prices — or when suppliers and manufacturers conspire “vertically” to raise costs to consumers. If the Antitrust Division of the Department of Justice believes that a decision to raise prices is the result of an agreement with a competitor to do so, the burden to prove otherwise falls on the defendant in order to prevent an indictment and the enormous damage caused by it to a person’s or company’s reputation.
If you are currently under investigation or have already been indicted on an antitrust charge, contact the independent antitrust defense lawyer Dan C. Guthrie, Jr.
Fighting Criminal Charges of Price Fixing and Other Antitrust Violations
In each instance, competitors putting each other in deals (“deal trading”), price adjustments, competitive price matching and territorial divisions may look like an illegal violation of antitrust laws to federal prosecutors. When confronted with allegations of price fixing or violations of U.S. antitrust laws, it’s essential to hire an antitrust defense lawyer who understands how federal antitrust investigations are prepared and conducted so that an effective and proactive defense can be initiated.
As a former federal prosecutor, antitrust defense attorney Dan C. Guthrie, Jr., understands how large federal antitrust investigations are conducted by the government, and what must be done to effectively defend these allegations. As an antitrust defense attorney, Mr. Guthrie has appeared at a seminar sponsored by the State Bar of Texas with an attorney from the Antitrust Division to teach other lawyers how to represent clients in antitrust investigations and trials.
Mr. Guthrie has represented both companies and employees of companies in complex criminal antitrust cases. He is very keenly aware of the necessity for employees of a company to have legal representation that is truly independent from the company’s representation in order to fully protect their rights.
Allegations of Price Fixing
Antitrust attorney Dan C. Guthrie, Jr., represents clients accused of antitrust law violations such as the following:
- Artificially inflating prices
- Bid rigging
- Collusion to divide up business territories
- Fixing minimum pricing schedules
- Selling goods below market value
- Dumping to temporarily decrease prices
- Conspiring to reduce competition
- Deal trading
Determining Economic Harm and Criminal Intent
In order to convict the defendant of price fixing, the prosecution must establish that a defendant intentionally conspired to fix prices or harm competition. What may be a strategic positioning of resources or a creative pricing schedule may look like price fixing to a federal investigator. That’s why it’s important to retain legal representation as early as possible.
As a former federal prosecutor, Dan C. Guthrie, Jr., is very familiar with the aggressive tactics used by federal investigators to use interviews to gather evidence.
Utilizing Former FBI and IRS Agents as Well as Cutting Edge Technology
Mr. Guthrie utilizes former special agents with the FBI and IRS to assist him in his representation of his clients as well as computer forensic experts and highly skilled forensic accountants. He employs the latest software technology available to organize and analyze the vast amounts of electronically stored information (ESI) typically subpoenaed by the government in these cases. This subpoenaed ESI usually includes not just documents, but also emails, text messages and even the hard drives from copying machines.
After a review of the information, he can piece together the evidence that the government believes proves an antitrust violation and then devise an effective defensive strategy to do everything possible to prevent an indictment. If that is not possible, his extensive trial experience and meticulous preparation allow him to mount the most aggressive defense possible.
To schedule a consultation regarding your case, contact the independent antitrust defense attorney Dan C. Guthrie, Jr., today.
Antitrust Violation Investigations Demand Proactive Response
If you have received any notice that the Department of Justice (DOJ) is investigating you or your company, it is critical to consult an antitrust defense attorney immediately. Proactive involvement is essential in antitrust cases.
His more than 30 years of experience and insight into the prosecution has given Mr. Guthrie the background to recognize the tactics used by prosecutors and counter those efforts. Involving an experienced lawyer at the earliest stage possible can make a difference in stopping an indictment.
Mr. Guthrie’s ability to demonstrate innocent explanations at an early stage in investigations has proven effective in avoiding the devastating consequences of a federal indictment. View his representative cases.