The Antitrust Division and FTC investigate through civil investigative demands and grand jury subpoenas. Criminal investigation of cartel conduct proceeds through the grand jury, while civil conduct inquiries use CIDs.
State attorneys general investigate in parallel.
Alternative Names:
Antitrust Investigation|DOJ Antitrust Inquiry
Why it Matters?
Criminal and civil tracks require different responses, since grand jury process carries individual exposure and Fifth Amendment considerations that civil investigative demands do not, and identifying which track applies determines whether separate counsel for employees is necessary. Document preservation obligations attach immediately upon awareness. Parallel civil litigation frequently follows, making investigation responses discoverable later.
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Frequently asked questions
Why does the track matter?
What exposure follows the investigation?
