Partial 10th Circ. Win Puts DOJ In Bind On Antitrust Charges

Law360 (October 31, 2018, 7:44 PM EDT) -- The U.S. Department of Justice persuaded a Tenth Circuit panel Wednesday to revive criminal antitrust allegations against a Utah-based heir-tracking company, but the DOJ may still have to drop those charges unless it wants to proceed on evidentiary standards that its own policies preclude.

At first glance, the 10th Circuit panel's ruling represents a win for prosecutors' claim that Kemp & Associates Inc. and co-owner Daniel J. Mannix operated a market-splitting agreement with rival Blake & Blake. But while the judges held that the indictment did not come down outside a five-year statute of limitations, they also refused to upend the...

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