Key Takeaways
  • U.S. v. Nathan Nephi Zito is the first criminal monopolization case in more than 40 years, reversing the Antitrust Division’s practice of pursuing monopolization cases only civilly.
  • The elements enumerated in the Zito plea agreement are the same elements required in a civil case, but prosecutors may encounter obstacles trying to prove these elements beyond a reasonable doubt to a lay jury in future criminal monopolization cases.
  • It remains to be seen if Antitrust Division prosecutors will seek jail time for Zito and how the court would calculate an appropriate sentence, as the sentencing guidelines contemplate conspiratorial conduct among horizontal competitors.

Read the full alert.