President Biden recently signed into law the Infrastructure Investment and Jobs Act, which would break ground on $550 billion in new infrastructure spending, including $110 billion of investment in roads, bridges and major projects; $65 billion for broadband deployment; and $21 billion for environmental remediation. This anticipated spending will come with greater government scrutiny for collusive activity. Two years ago, the U.S. Department of Justice launched the Procurement Collusion Strike Force, an interagency partnership that builds on the DOJ Antitrust Division’s expertise in prosecuting anti-competitive conduct involving government procurement.
The article examines the division’s past enforcement in the act’s key spending areas, along with the PCSF’s current efforts. With this past as a guide to future enforcement, we identify four risk areas to watch: joint bidding, dual distribution, legal certifications, and hiring and compensation.