Favorable plea deal for paving company in bid-rigging case
We represented the defendant in a DOJ antitrust investigation, securing a favorable plea deal
Davis Polk represented a paving company in an investigation by the Department of Justice’s Antitrust Division, the Department of Transportation and the U.S. Postal Service into its role in conspiracies to rig bids for paving services contracts. After cooperating in the multiyear investigation, and following guilty pleas by the company’s two founders, the company pleaded guilty to two counts of violating section 1 of the Sherman Act. It agreed to pay a $6.5 million fine (in six annual installments), which represented approximately 35% below the midpoint of the relevant Sentencing Guidelines range. The Antitrust Division recognized the company’s recent steps in establishing and enhancing corporate compliance, and the plea agreement did not include any restitution payments, probationary period or ongoing compliance obligations.
The Davis Polk team included partners Paul J. Nathanson and D. Jarrett Arp and associates Alicia Hoke, Chase McReynolds and Jaclyn M. Willner. Members of the Davis Polk team are based in the New York and Washington DC offices.