What Counts as an Antitrust Violation?

• Price fixing: competitors agreeing on the prices, discounts, surcharges or terms they will offer.
• Bid rigging: competitors agreeing who will win a bid, submitting cover bids, or rotating awards, on public or private contracts.
• Market allocation: competitors dividing customers, territories or product lines.
• No-poach and wage-fixing agreements: employers agreeing not to hire each other’s workers or to cap wages, which the Department of Justice prosecutes criminally.
• Output restriction: competitors agreeing to limit production to raise prices.
• Monopolization and exclusionary conduct by a dominant firm, which is pursued civilly.

The Department of Justice Antitrust Whistleblower Rewards Program

Under the program, a person who voluntarily gives the Antitrust Division original information about a criminal antitrust violation, or a related crime affecting the federal government, that leads to a criminal fine or other recovery of at least $1 million may receive a reward of 15 to 30 percent of what is collected. The program is run with the United States Postal Service, which pays the rewards. Company insiders, employees of customers and suppliers, and others with first-hand knowledge are eligible. People who led the conspiracy, who obstructed the investigation, or who are already obligated to report are not. Submissions can be made through an attorney, and the Division keeps the whistleblower’s identity confidential to the extent the law allows.

Bid Rigging on Government Contracts and the False Claims Act

When the rigged bids are for federal, state or local government contracts, each inflated invoice is a false claim. A relator may file a case under the False Claims Act, or the applicable state act, and receive 15 to 30 percent of the treble damages the government recovers. Bid rigging on highway, construction, defense, school and municipal contracts is where these cases most often arise. A whistleblower may be eligible under both the Antitrust Division program and the False Claims Act for the same conduct; which to pursue first is a decision we make with you.

Protection From Retaliation

The Criminal Antitrust Anti-Retaliation Act of 2020 bars an employer from firing, demoting or otherwise punishing an employee for reporting a criminal antitrust violation to the government or a supervisor, or for assisting an investigation. A complaint goes to the Department of Labor within 180 days of the retaliation, and remedies include reinstatement, back pay with interest and attorney fees. The False Claims Act separately protects anyone who files or helps with a qui tam case.

What Our Firm Does

• Evaluate what you know and whether it is a criminal violation, a civil violation, or fraud on a government contract.
• Prepare the submission to the Antitrust Division, and the False Claims Act complaint where government money is involved, in the detail that gets a case opened.
• Submit it for you and deal with the Division’s attorneys and investigators on your behalf.
• Apply for your reward when fines are collected.
• Protect you from retaliation.

Before You Report

• Do not confront the people involved or announce what you intend to do.
• Do not use a work computer, work phone or work email to contact a lawyer.
• Do not take documents you do not already have a right to see. Ask us first what you may keep.
• Write down what you know: who, what, when and how you know it.
• Do not wait. The first person to report is in the strongest position, and a later report with the same information may receive nothing.

Frequently Asked Questions

I took part in the conduct. Can I still report?

Possibly. The Antitrust Division’s program excludes people who led or originated the conspiracy and those who obstructed the investigation, but ordinary participants are not excluded, and the Division’s leniency policy may also be relevant. Tell us exactly what your role was at the start.

My company already applied for leniency. Does that affect me?

It can. Leniency protects the company and its cooperating employees from prosecution, but it does not necessarily bar an individual reward, and it does not affect a False Claims Act case over government contracts. We will work through it with you.

Can a customer or supplier report?

Yes. Anyone with original, first-hand information is eligible under the Division’s program, and customers who paid the fixed prices often have the clearest evidence.

How long does it take?

Criminal antitrust investigations take years, and the reward is paid only after fines are collected. A False Claims Act case over rigged government bids runs on its own timeline. We tell you what to expect before you decide.

What does it cost?

The first conversation is free and confidential. If we take your matter, the fee terms are put in writing before any work begins.

Talk to Us Before You Report

Email msiddons@siddonslaw.com from a personal account with a general description of what you know. Do not send documents. We will reply and tell you what to do next. Attorney Michael A. Siddons represents whistleblowers in Pennsylvania, New Jersey, New York, Maryland and Washington, D.C.