Antitrust Whistleblower

Oberheiden P.C.’s Federal Whistleblower Lawyers Handle Antitrust Complaints Nationwide

Antitrust violations can lead to substantial losses for customers, whether these customers are individual consumers or the federal government. When companies engage in business transactions, business relationships, pricing practices, and bidding practices that violate federal antitrust laws, the costs can be significant—and those involved can (and should) be held fully accountable. This is why the role of the antitrust whistleblower is so critically important.

Federal authorities such as the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) rely heavily on antitrust whistleblowers to inform them when investigations and enforcement actions are warranted. While the DOJ, FTC, and other federal authorities conduct market surveillance and monitor certain large-scale transactions, they simply do not have the access or resources they need to identify all—or even nearly all—antitrust violations. As a result, if you have inside information about a possible antitrust violation, it is imperative that you speak with an antitrust whistleblower attorney about coming forward.

Antitrust Whistleblowers Can Report Violations in the Private Sector and in Government Contracting

Three federal statutes provide the foundation for the federal government’s antitrust enforcement authority: (i) the Sherman Antitrust Act; (ii) the Clayton Act; and, (iii) the Federal Trade Commission Act. For antitrust whistleblowers who have information about bid rigging, price fixing, and other anticompetitive conduct in government contracting, the False Claims Act comes into play as well.

These federal statutes establish numerous conditions, requirements, and prohibitions. While some of these are nuanced and can be difficult for companies to interpret and apply accurately (though this is not an excuse for noncompliance), others are abundantly clear. In all cases, companies’ antitrust compliance obligations are focused on ensuring a competitive marketplace in which pricing is market-driven and customers have freedom of choice.

With this in mind, antitrust violations can take many different forms. At Oberheiden P.C., we assist antitrust whistleblowers with reporting all types of violations to the DOJ, FTC, and other appropriate federal authorities. This includes, but is by no means limited to, violations such as:

• Entering into contracts, joint ventures, and other business relationships that result in unreasonable and anticompetitive restraints of trade
• Monopolization, attempted monopolization, and conspiracies to monopolize within a specific product class or within a broader industry
• Price fixing arrangements between unrelated parties, including agreements to use the same formula when calculating prices, agreeing to offer certain prices or discounts, and agreeing not to publicly advertising the prices companies charge for their products or services 
• Bid rigging activities, including the submission of complementary bids, agreeing not to bid on particular contracts, agreeing to rotate bid opportunities, and agreeing to award subcontracts to unsuccessful bidders 
• Market allocation, including horizontal customer allocation arrangements and territorial allocation arrangements between competitors
• Serving simultaneously on the boards of competing companies and engaging in other activities that present inherent conflicts of interest with the potential to harm or restrain competition 
• Making false or misleading representations to investors, consumers, or the government with the purpose or effect of facilitating unlawful anticompetitive practices and other restraints of trade  

Again, these are just examples. It is also important to note that while many antitrust violations negatively impact individual consumers, antitrust concerns are also a significant concern in the government contracting sector. In antitrust cases involving the federal procurement process, whistleblowers can file complaints under the False Claims Act; and, in addition to receiving protection against retaliation, these whistleblowers may also be eligible to receive financial rewards.

If you have any reason to believe that you have inside information about an antitrust violation, we strongly encourage you to schedule a confidential consultation with a whistleblower lawyer at Oberheiden P.C. With experience that includes prosecuting antitrust violations at the DOJ, our lawyers can help you make an informed decision about whether to come forward; and, if you decide to do so, we can communicate with the federal government effectively on your behalf.

Put our highly experienced team on your side

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

Serving as an Antitrust Whistleblower: Who, What, When, Why, and How

Who Can Serve as an Antitrust Whistleblower

Almost anyone who has access to nonpublic information that is not already known to the federal government is potentially eligible to serve as an antitrust whistleblower. This includes current and former employees of the companies involved, current and former employees of subcontractors and other entities, and other individuals who have become privy to nonpublic information (with limited exceptions for federal employees in law enforcement functions and certain other individuals).

What It Means to Serve as an Antitrust Whistleblower

Serving as an antitrust whistleblower involves helping the federal government take action against serious statutory violations that have harmed (or that have the potential to harm) consumers or the federal government itself, which may result in criminal prosecution. Whistleblowers play a critical role in launching or supporting a federal government investigation into all types of antitrust violations, including attempted violations of federal competition laws.

When to Come Forward with Information About an Antitrust Violation

If you believe that you may be eligible to come forward as an antitrust whistleblower, it is important that you take action promptly. Not only will this help maximize the government’s chances of pursuing a successful enforcement action, but it will also help maximize your chances of securing protected whistleblower status.

Why to Come Forward with Information About an Antitrust Violation

There are several reasons to come forward if you have information about an antitrust violation. First and foremost, it allows the government to take action against illegal conduct that has the potential to cause significant consumer or taxpayer losses on an extremely large scale. As an antitrust whistleblower, you may be entitled to confidentiality and whistleblower protections against retaliation; and, if you are eligible to come forward under the False Claims Act, you may be able to collect a sizable financial reward if the government’s enforcement action is successful.

How to Serve as an Antitrust Whistleblower

The steps you need to take to serve as an antitrust whistleblower depend on the specific information you have in your possession and the specific type of complaint you need to file. The DOJ, FTC, and each other law enforcement agency involved have specific procedures for submitting whistleblower complaints; and, in qui tam cases under the False Claims Act, whistleblowers must file their complaints in federal district court.

FAQs: Working with an Antitrust Whistleblower Lawyer to Hold Your Employer (or Former Employer) Accountable