James J. Fredricks

Mr. Fredricks focuses on criminal antitrust investigations and prosecutions, as well as complex government investigations and multijurisdictional actions involving allegations of price fixing, bid rigging, market allocation, no-poach agreements, algorithmic pricing, exclusionary conduct and monopolization. His practice centers on criminal antitrust defense, cartel investigations and government-facing advocacy.

Having served at the DOJ Antitrust Division from 2001-24, most recently as chief of the Washington Criminal II Section, Mr. Fredricks brings a deep understanding of how federal prosecutors build, evaluate and pursue criminal antitrust cases. Under his leadership as section chief, the Washington Criminal II Section brought criminal charges and secured convictions in regional, national and international cases. He understands the dynamics of government investigations from the inside, and he leverages that perspective to craft defense strategies that anticipate the prosecution’s approach.

Companies and individuals turn to Mr. Fredricks when the stakes are highest and the govern­ment is at the door. He regularly represents corporations and senior executives facing grand jury subpoenas, questioning from federal or local law enforcement, the execution of search warrants and internal whistleblower complaints alleging potential antitrust misconduct. Clients rely on Mr. Fredricks’ advice and advocacy to navigate the most sensitive and high-stakes issues, including responding to the investigation; conducting an internal investigation; applying for leniency; negotiating cooperation, deferred prosecution or plea agreements; and litigating criminal and civil actions.

A veteran of the DOJ’s International Cartel Working Group and the ABA’s International Cartel Task Force, Mr. Fredricks is a leading figure in cross-border antitrust cartel enforce­ment. He played a major role in the most significant international and national cartel cases over the last 20 years and served as architect and principal author of the DOJ and Federal Trade Commission’s Antitrust Guidelines for International Enforcement and Cooperation.

Mr. Fredricks has worked on antitrust matters across a broad range of industries, including technology, financial markets, pharmaceuticals, healthcare, agriculture, payment process­ing platforms, shipping, chemicals, automotive, energy, aviation, environmental services, precious metals, government contracting, construction and real estate, among others. He has also worked on other criminal matters that often arise in conjunction with antitrust investi­gations, including fraud, bribery and public corruption, procurement integrity and collusion, and obstruction of justice. In addition, he has extensive experience in labor antitrust enforce­ment – including no-poach policies, wage fixing and employee allocation agreements – and antitrust compliance, helping clients build effective, practical programs to minimize antitrust risk without burdening business operations.

Mr. Fredricks’ representations include, among others:

• a company CEO and co-founder in a criminal investigation and prosecution concerning alleged bid rigging on a $375 million university arena. The indictment was dismissed before trial
• a leading manufacturer of building products in a criminal investi­gation of nationwide price fixing. The investigation closed with no charges or concessions on the part of the client
• a foreign company in a criminal investigation concerning alleged international price fixing
• a company in a criminal investigation concerning alleged algorith­mic pricing fixing
• a major U.S. company in a civil DOJ investigation concerning alleged antitrust restraints of trade and exclusionary conduct
• a major U.S. manufacturer in a criminal investigation concerning alleged price fixing
• a technology company in a whistleblower investigation concerning alleged bid rigging and fraud
• a company in an internal investigation concerning alleged no-poach and wage-fixing conduct

In recognition of his work, Mr. Fredricks has repeatedly been named one of Lawdragon’s 500 Leading Global Antitrust & Competition Lawyers. While at the DOJ, he received several awards including the Hugh P. Morrison Award for exceptional accomplishment as an antitrust litigator; the Attorney General’s Award for Distinguished Service, the DOJ’s second-highest award for employee performance; and the Assistant Attorney General Award (seven-time recipient). He is also widely regarded for his technical knowledge of the law and firsthand experience of the evolution of criminal enforcement, having authored numerous articles in the antitrust space and frequently been invited to speak at industry events.