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Since early 2022, representatives of the U.S. Department of Justice’s (“DOJ”) Antitrust Division have made a series of increasingly strident public remarks about the Antitrust Division’s newfound willingness to criminally prosecute unilateral conduct that violates Section 2 of the Sherman Act.

On June 7, 2022, the media published a search warrant application seeking access to the electronic communications of a retired four-star Marine Corps general, General John R. Allen, in a criminal investigation into potential violations of the Foreign Agents Registration Act (“FARA”).