Our Curious Amalgam
#304 Is Per Se Here to Stay? Criminal Antitrust Cases Beyond United States v. Brewbaker
Dec 16, 2024
Ann O'Brien, a partner at Sheppard Mullin and former federal prosecutor, dives into the complexities of criminal antitrust law, focusing on the implications of the Brewbaker case. She explores how recent judicial trends could affect per se prosecutions and discusses the evolving dynamics of the Department of Justice. O'Brien shares her personal journey through cancer advocacy and engages in a light-hearted conversation about space travel preferences. Tune in for insights blending legal intricacies with personal triumphs!
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Quick takeaways
- The Fourth Circuit's ruling in U.S. v. Brewbaker indicates a shift towards requiring more contextual analysis in criminal antitrust cases.
- Judicial trends suggest a growing reluctance to categorize cases as per se violations without examining underlying relationships and market dynamics.
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Implications of the Brubaker Case
The Brubaker case has significant implications for the application of the per se standard in criminal antitrust cases. This decision reversed a bid-rigging conviction, highlighting the Fourth Circuit's perspective that agreements between competitors in a dual distribution arrangement do not automatically constitute a per se violation. The Supreme Court’s choice not to review this decision means that the ruling stands as good law, impacting how future cases involving vertical relationships will be prosecuted. The case suggests a shift towards requiring more context and analysis regarding the nature of alleged antitrust violations, which could ultimately complicate the prosecution's approach.
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