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Fabish Discusses Aluminum Case’s Impact on Antitrust Standing in Law360March 21, 2016
O’Melveny counsel Anna Fabish was quoted in an article in the March 18, 2016 issue of Law360. The article, “Second Circuit Aluminum Case Could Help Shape Antitrust Standing,” discusses claims by aluminum end-users that Goldman Sachs and others manipulated aluminum warehouse rates, and what the case could mean for the antitrust standing of companies that didn’t buy products directly from alleged conspirators.
Fabish critiqued the plaintiffs’ argument that they have standing under the laws of states that do not follow the general federal rule against indirect purchaser standing, also known as “Illinois Brick repealer” statutes. “Trying to use the repealer statutes as somehow setting the stage for a narrower analysis absent some other support for it would, I think, be an influential ruling,” she told Law360.
Fabish focuses on antitrust issues in complex private civil litigation, regulatory investigations brought by the Federal Trade Commission, and criminal investigations and proceedings against the Department of Justice.