Nota Bene Episode 171: Hot Topics in International Antitrust and Cartels

Sheppard Mullin's Nota Bene

In this episode, Ann O’Brien, a partner at Sheppard Mullin and head of the firm’s Criminal Antitrust and Cartels Team, joins us to discuss recent trends in international antitrust enforcement, including emerging cartel issues related to government procurement, artificial intelligence, and ESG.

What We Discussed in This Episode:

• What is a cartel from the antitrust perspective?

• How does the DOJ investigate cartels and what is the life cycle of a cartel investigation?

• What cartel issues are emerging from government procurement programs, such as those related to the CHIPS Act and other government programs?

• How can government contractors keep track of the fine line between cooperation and collusion?

• What cartel issues are arising around artificial intelligence?

• What cartel issues are emerging from the emphasis on environment, sustainability, and governance?

• What are some significant developments in the areas of no-poach and non-compete agreements?

• In the context of the volatile U.S. presidential election, where might antitrust enforcement be headed in the next four years?

About Ann O’Brien

Ann O’Brien is a partner in Sheppard Mullin’s Washington, D.C. office, where she serves as Co-Leader of the firm's Antitrust and Competition Practice Group and leads its Criminal Antitrust and Cartels Team. She focuses on advising clients facing criminal and civil government antitrust investigations or litigation.

Ann has extensive knowledge of antitrust enforcement practices and policy decisions, gained from her time as a federal prosecutor and manager at the U.S. Department of Justice in the Antitrust Division and as a Special Assistant United States Attorney in the District of Maryland. During her 20-year tenure with the DOJ, Ann was involved in virtually every major criminal enforcement and policy decision made by the Antitrust Division and led every aspect of domestic and international antitrust and white-collar investigations and prosecutions, including litigating federal criminal jury trials. She now leverages her experience to provide valuable insider insight on antitrust agency priorities, goals, and policies to strategically guide companies and individuals facing international, domestic and multi-agency antitrust and competition exposure. She also provides clients with cutting-edge compliance counseling and training to help deter or quickly detect antitrust exposure, informed by what is most important to the DOJ, FTC, and the courts.

An established thought leader in the antitrust community, Ann also regularly speaks and writes on a broad range of antitrust topics, including serving as co-editor of Competition Policy International’s Cartel column and editing the ABA’s Antitrust Cartel Leniency and Sentencing Handbook. She has also trained hundreds of antitrust prosecutors and law enforcement agents and served as a liaison to other DOJ components and government agencies.

About Scott Maberry

An international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation.

Scott’s practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), the Department of Commerce’s Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC) and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements.

A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.

Contact Information

Ann O’Brien

J. Scott Maberry

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