November 12, 2026
Alexander Wentworth-Ping recently sat down with Katie Pyzyk at Packaging Dive to discuss price-fixing allegations and the grand jury investigation against major containerboard producers. In the article “Unpacking the DOJ’s investigation of containerboard producers,” Wentworth-Ping utilizes his experience as a former federal prosecutor to explain what prompted the DOJ investigation, how the investigation and separate civil case may affect one another, and what to expect as both cases unfold.
In July 2025, a civil lawsuit alleging containerboard producers created a “cartel” and engaged in price collusion was filed in the Northern District of Illinois. Several companies, including International Paper, Packaging Corporation of America, and Smurfit Westrock, disclosed that they were subpoenaed by the DOJ in late September 2026. The cases are separate, but may affect one another, says Wentworth-Ping. Civil cases sometimes spark the interest of the DOJ’s Antitrust Division, which appears to be the case here.
“Somebody within the Antitrust Division has looked at the complaint ... and they’ve evaluated it under a criminal theory,” Wentworth-Ping tells Packaging Dive. “And they’ve made a determination that there’s some conduct that could be per se unlawful — meaning an antitrust violation. The grand jury process means they’re looking at it. It doesn’t mean there’s an accusation.”
Since subpoenas are issued later in the process, Wentworth-Ping believes the DOJ investigation has been going on for a while. Although no charges have been filed, and a grand jury investigation may close without any, Judge Mary M. Rowland’s denial of the motion to dismiss the civil case indicates there’s enough evidence of a potential conspiracy to warrant further exploration. Even with no charges, the DOJ investigation increases exposure, says Wentworth-Ping.
“If there was ultimately any kind of finding of guilt in the criminal case, then that is often a very significant piece of evidence that the plaintiffs in the civil case could use,” Wentworth-Ping explains.
To protect the DOJ investigation, a stay during the discovery period may be issued in the civil case. Often, defendants are required to produce documents but would not have to testify under oath in the civil case until the DOJ investigation concludes. If DOJ intervenes with a stay, then that would only delay, but not eliminate, the civil case, he details.
The timeline is unknown–it will take up to five months from the date the subpoenas were issued for the DOJ to collect all requested documents and potentially more than a year for the entire investigation to conclude. Subpoenas for documents are frequently followed by requests for company representatives to testify under oath in front of a grand jury. Criminal charges could follow.
If any charges are brought at all, Wentworth-Ping says, “you’re at least a year or more out from any kind of criminal charge.”
To read the full story, visit Packaging Dive.
Alexander Wentworth-Ping is an attorney at Schlam Stone & Dolan LLP who focuses his practice on criminal defense and regulatory issues, employment & intellectual property disputes, complicated financial matters, defamation and First Amendment issues, and appellate advocacy. Prior to joining the firm, Alex served for almost six years as an Assistant United States Attorney in the Criminal Division of the U.S. Attorney’s Office for the Northern District of New York.