pdf

O’Melveny’s Simmons, O’Rourke Publish in 25th Anniversary Edition of the ABA’s Antitrust Magazine

December 10, 2012

O’Melveny & Myers LLP partners Ian Simmons and Ken O’Rourke recently published an article in the Special 25th Anniversary edition of the American Bar Association’s (ABA) Antitrust Magazine, published in December 2012. Antitrust is the most widely subscribed antitrust publication in the United States. Associates Kevin Feder, Qais Ghafary, Stephen McIntyre, and David K. Roberts made valuable contributions to the article.

The article, “Reflections on Cartel Enforcement,” discusses the evolution of private and public cartel enforcement in the United States as well as its expected future course. The authors note that three distinct areas in cartel practice are worth considering for the future evolution of cartel enforcement:

  • the Justice Department’s corporate leniency program and newly proposed whistleblower incentives;
  • the intersection of criminal and civil enforcement (particularly the effect of guilty pleas, the role of opt-outs in class action litigation, and the likely direction of class certification doctrines); and
  • the increasing globalization of criminal and civil cartel enforcement (including the evolution of Foreign Trade Antitrust Improvements Act doctrine and its central role in international cartel litigation).

To view the article, please click here.  Simmons has served on the Editorial Board of Antitrust Magazine since 2010.