Sullivan & Cromwell LLP Logo
  • Home
  • Lawyers
  • Practices
  • Insights
  • About
  • Careers
  • Alumni
  • Twitter icon
  • LinkedIn icon
  •  icon
  • Podcasts icon
© 2025 Sullivan & Cromwell LLP
    • Home
    • Lawyers
    • Practices
    • Insights
    • About
    • Careers
    • Alumni
    Home /  Insights /  Articles And Books /  Article
    Articles

    Nicolas Bourtin, Alexander J. Willscher, and Sabrina Solow Author Bloomberg Law Article on the Constitutionality of Criminal Enforcement of Section 1 of the Sherman Act

    • Our Lawyers
    • Related Practices
    July 17, 2023

    Nicolas Bourtin and Alexander Willscher, Co-Heads of S&C’s Criminal Defense and Investigations Group, along with associate Sabrina Solow, co-authored the Bloomberg Law article “Challenging the Constitutionality of the Sherman Act’s Sec. 1 Criminal Enforcement,” which discusses the constitutionality of criminal prosecutions of no-poach and wage-fixing violations under Section 1 of the Sherman Act. Some argue that these prosecutions are not permissible because they do not provide fair notice that the conduct for which defendants are charged is criminal—but district courts and the Supreme Court have rejected challenges to the constitutionality of the Sherman Act for more than a century.

    The article considers the potential that these precedents will be overturned in favor of strengthened void-for-vagueness and rule-of-lenity jurisprudence, which may lead to courts finding that criminal prosecution under Section 1 of the Sherman Act is inconsistent with due process.

    Maxwell F. Gottschall, a law clerk at Sullivan & Cromwell, provided significant contributions to this article.

    Read “Challenging the Constitutionality of the Sherman Act’s Sec. 1 Criminal Enforcement.”

    Read More
    Stay Updated

    Subscribe to stay current on S&C Insights.

    Our Lawyers

    Our Lawyers

    Nicolas Bourtin Headshot Photo
    Nicolas Bourtin
    New York
    +1-212-558-3920
    Email
    vCard
    Alexander J. Willscher Headshot Photo
    Alexander J. Willscher
    New York
    +1-212-558-4104
    Email
    vCard
    Read More

    Related Practices

    • Antitrust
    • Criminal Defense & Investigations
    Sullivan & Cromwell LLP Logo
    • Twitter icon
    • LinkedIn icon
    • RSS Feed icon
    • Podcasts icon
    • Home
    • Contact Us
    • Information Policy Relating to Cookies
    • Privacy Policy
    • California Privacy Policy
    • Website Notice
    • Attorney Advertising Notice
    © 2025 Sullivan & Cromwell LLP