On August 8, 2024, William Vigen was quoted in Global Competition Review on the U.S. Supreme Court’s response to a call for the criminal enforcement of the Sherman Act to be struck down. According to the article, the recent challenges were brought on from a piping executive who was accused of bid-rigging.
Vigen shared that the Supreme Court’s review of criminal statutes has undergone a “sea change” that could present numerous risks in the antitrust space. Although other courts at the federal appellate level have not made aggressive changes thus far, Vigen explained that the highest court is unlikely to hesitate to “reevaluate the fundamental constitutional issues at stake”.
“This is probably the real issue the DOJ was wrestling with in terms of taking the appeal,” Vigen said. “They had to have been eyes wide open that one of the risks of bringing it for the Supreme Court would be opening up this can of worms, and now we're here.”
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