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John Terzaken Quoted in Global Competition Review on Legal Argument in Cartel Conviction Case

02.17.23

John Terzaken, Global Co-Chair of the Firm’s Antitrust and Trade Regulation Practice, was quoted in a Global Competition Review article titled, “Former engineering executive appeals against cartel conviction.” The article detailed the former executive’s appeal of his bid-rigging conviction alleging that the U.S. District Court for the Eastern District of North Carolina improperly told a jury to analyze the case as a per se violation of the Sherman Act. John noted that federal appellate court is likely to reject the appellant’s argument that the per se doctrine should not have been applied because of the nature of the colluding companies’ relationship outside of the context of the bid.  He explained that the government only needed to prove that the companies agreed to manipulate their submissions for the particular bid to tip the competitive balance, stating, “If they prove that agreement at a trial, they prove an antitrust violation.”

To read the full article, please click here (subscription required).

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