DOJ Brings Rare Criminal Antitrust Charges for False HSR Documents

Summary: In a rare action this week, the Antitrust Division of the Department of Justice (“DOJ”) filed felony charges against Nautilus Hyosung Holdings Inc. (“Nautilus”), a leading manufacturer of automated teller machines (“ATM”), in connection with Nautilus’ submission of allegedly falsified premerger documents for its 2008 proposed acquisition of competing ATM manufacturer, Triton Systems of Delaware Inc. (“Triton”). Nautilus agreed to plead guilty to obstruction of justice and to pay a $200,000 fine. The attached Client Alert analyzes this case, which appears to be the first time criminal charges have been brought against a defendant solely for falsifying premerger documents.