#304 Is Per Se Here to Stay? Criminal Antitrust Cases Beyond United States v. Brewbaker

#304 Is Per Se Here to Stay? Criminal Antitrust Cases Beyond United States v. Brewbaker

In the U.S., so-called "per se" antitrust crimes require nothing more than proof that the conduct occurred, relieving prosecutors of the difficult job of proving harm to competition. Is the Fourth Circuit's 2023 opinion in U.S. v. Brewbaker part of a growing judicial trend toward limiting the prosecution of per se cases? Ann O'Brien, the co-leader of Sheppard Mullin's Antitrust and Competition Practice Group, joins Alicia Downey and Brendan Coffman to talk about Brewbaker and its implications for applying the per se standard in criminal antitrust actions. Listen to this episode to hear about whether the rule of reason might be applied in the criminal context and the U.S. Department of Justice's possible responses to a changing legal landscape.

With special guest:

Ann M. O'Brien, Partner, Sheppard Mullin Richter & Hampton LLP

Related Links:

Ann O'Brien & Emme Tyler, "Chipping Away at Per Se: Is Brewbaker a Harbinger or Aberration?" ABA Antitrust Law Section Committee Articles (June 6, 2024)
United States v. Brewbaker, 87 F.4th 563 (4th Cir. 2023)
United States v. Brewbaker, Petition for a Writ of Certiorari of the United States, No.23-1365 (S. Ct. June 28, 2024)

Hosted by:

Alicia Downey, Downey Law LLC and Brendan Coffman, Wilson Sonsini Goodrich & Rosati

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Avsnitt(386)

#384 What's Up? Enforcement Updates From the Middle East and Africa

#384 What's Up? Enforcement Updates From the Middle East and Africa

What have been the latest competition law developments across the Middle East and Africa in the last year? Nicolas Bremer and John Oxenham join Matthew Hall and Jeny Maier to discuss new filing regime...

29 Juni 31min

#383 What's the Role of Communications Strategy in M&A? How Public Affairs Impacts Antitrust

#383 What's the Role of Communications Strategy in M&A? How Public Affairs Impacts Antitrust

Recently, the role of lobbying in M&A has become the talk of the antitrust bar in current administrations in the U.S. and in other jurisdictions. But what about the related discipline of public affair...

22 Juni 27min

#382 What's Up? Enforcement Updates From Austria and Switzerland

#382 What's Up? Enforcement Updates From Austria and Switzerland

What is happening in competition enforcement in Austria and Switzerland? Lukas Cavada, Executive Director for International Affairs at Austria's Federal Competition Authority (BWB), joins Anora Wang t...

15 Juni 28min

#381 A New Era for EU and UK Deals? The EC's Draft Merger Guidelines and the CMA's Growth Approach

#381 A New Era for EU and UK Deals? The EC's Draft Merger Guidelines and the CMA's Growth Approach

The analysis of mergers in the EU and UK is adapting to take account of a changed worldwide geo-political and trade context. But what does this mean in practice? Stuart Hudson, co-lead of Brunswick's ...

8 Juni 38min

#380 What Is Happening at the OECD Competition Division? A Discussion With Ori Schwartz

#380 What Is Happening at the OECD Competition Division? A Discussion With Ori Schwartz

The OECD's Competition Division carries out the organisation's work on worldwide competition law, policy and enforcement. But what does this mean in practice? Ori Schwartz, Head of the Competition Div...

1 Juni 30min

#379 What's Up? Enforcement Updates from Ireland, Brazil, and Paraguay

#379 What's Up? Enforcement Updates from Ireland, Brazil, and Paraguay

What are the latest trends and developments in competition law enforcement in Ireland, Brazil, and Paraguay? Geoffrey Gray of the Irish Competition and Consumer Protection Commission (CCPC), joins Lex...

25 Maj 33min

#378 How Do Enforcers Approach Information Sharing and Benchmarking?

#378 How Do Enforcers Approach Information Sharing and Benchmarking?

Benchmarking and information sharing can be procompetitive, but modern data tools can also make it easier for rivals to coordinate on prices. But when does benchmarking cross the line into unlawful an...

18 Maj 37min

#377 What's Up? Enforcement Updates From Australia and New Zealand

#377 What's Up? Enforcement Updates From Australia and New Zealand

What is happening in competition enforcement in Australia and New Zealand? Luke Woodward, Commissioner at the Australian Competition & Consumer Commission (ACCC), joins Lexi Michaud to discuss the ACC...

11 Maj 28min

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