As we previously reported on April 15 and April 28, the Department of Justice (DOJ) and Federal Trade Commission (FTC) are increasingly monitoring companies for anticompetitive conduct in response to rising costs following the implementation of tariffs. In particular, companies should be prepared for continued, perhaps even greater, monitoring of cartel-like behavior in procurement or commodities spaces, which the Trump Administration has made clear are high priorities in its antitrust agenda. In addition, international antitrust authorities have initiated similar enforcement efforts, both independently and in cooperation with U.S. authorities. Companies should therefore remain vigilant, especially in areas susceptible to collusion due to pressure from tariffs and other supply and demand disruptions.
Recent International Antitrust Enforcement
Earlier this May, the Fair Trade Investigation Division of the Seoul Central District Prosecutors’ Office in South Korea issued an indictment of 12 people and two companies, including two U.S.-based companies, for allegedly conspiring to rig bids for U.S. military contracts between January 2019 and January 2023, worth approximately $17.5 million. This action is the first criminal antitrust investigation pursued between U.S. and Korean authorities under the 2020 Memorandum of Understanding between the DOJ and the Korean Prosecution Service, the agency responsible for overseeing all criminal enforcement of South Korea. Prosecutors alleged that the scheme involved companies rigging bids over who would win Department of Defense contracts for operation and maintenance work on behalf of U.S. military installations located in South Korea. Other companies would then modify their own bids to provide cover for the prearranged bid winner.
This indictment comes following an August 2024 request for cooperation, where the DOJ worked with the Korean Prosecution Service, transferring its own investigative files to Korea. The DOJ began investigating in 2022 and had already indicted one South Korean company and three South Korean nationals for wire fraud and conspiracy to collude and commit wire fraud, and obtained a guilty plea from another South Korean company.
Earlier this month, Japan also released a “Survey on Business Practices in the Food Supply Chain,” which was conducted following antitrust concerns in the processed food industry and the food supply chain. The Japanese Fair Trade Commission (JFTC) then issued a warning to supermarkets against unduly pressuring smaller manufacturers into delivering products quickly and accepting returns.
Domestic Antitrust Initiatives
In addition to these notable international enforcement activities, President Trump’s administration has taken actions to further promote its antitrust agenda since taking office. On February 13, 2025, the Antitrust Division of the DOJ and the FBI announced the launch of an online portal for information on international fugitives charged with antitrust offenses or other anticompetitive crimes “wherever they are located.” The launch of the portal signals an ongoing interest in international cooperation focused on antitrust enforcement and pursuing individuals who are believed to have violated U.S. antitrust laws.
On February 26, 2025, FTC Chair Andrew Ferguson directed the FTC to establish a Joint Labor Task Force that aims to protect “consumers in their roles as workers.” The Task Force will investigate no-poach, non-solicitation as well as no-hire agreements, wage-fixing agreements, noncompete agreements, and other practices it deems to be deceptive, unfair, or anticompetitive that affect labor markets.
The following month, on March 27, 2025, the Antitrust Division of the DOJ launched an “Anticompetitive Regulations Task Force” designed to investigate state and federal laws and regulations it deems to undermine competition. This was launched following President Trump’s Executive Orders 14192 and 14219, both of which promote deregulation. The Antitrust Division emphasized that this Task Force is especially focused on housing, transportation, food and agriculture, health care, and energy markets.
On April 28, 2025, Assistant Attorney General Gail Slater delivered her first antitrust address, which provided further insight on the Antitrust Division’s priorities. Assistant Attorney General Slater specifically mentioned an emphasis on labor markets, stating that “because the antitrust laws protect labor market competition, any conduct that harms competition for workers can violate not only the spirit but the letter of the antitrust laws.” She continued that “a system of anti-competitive regulation can be coopted by monopolies and their lobbyists, such that the state’s power actually amplifies, rather than diminishes, corporate power, and leads to the proliferation of government regulations that serve corporate interests rather than the people and drown out new innovations,” and noted that the DOJ intends “to move away from the deeply technocratic and elitist mindset that has imbued antitrust law and enforcement.”
Early enforcement efforts and announcements from the Trump Administration demonstrate that domestic and international enforcement efforts remain a priority, with heightened attention in the areas of procurement and commodities industries as well as labor markets. Additionally, the Trump Administration has indicated it is willing to cut regulations that may impede the ability of companies to enter markets and compete with incumbent providers.
As recent enforcement actions and initiatives make clear, companies should be aware of all relevant antitrust laws and regulations and review their compliance materials to ensure they are in line with both relevant domestic and international laws.
If you have any questions about this publication, please contact the authors of this article or your Foley & Lardner attorney.
