News & Events

John Terzaken, Global Co-Chair of the Firm’s Antitrust and Trade Regulation Practice, was quoted in a Global Competition Review (GCR) article titled, “Bid-rigging reversal risks ‘serious blow’ to DOJ, practitioners say.” The article discussed a recent reversal of a bid-rigging conviction by the U.S. Court of Appeals for the Fourth Circuit, ruling that “hybrid” competition between companies competing at both horizontal and vertical levels cannot be condemned as illegal without additional economic analysis. John explained that the ruling could impact the DOJ’s criminal enforcement efforts far beyond bid-rigging matters and may affect all potential antitrust conspiracies in which companies have “hybrid” relationships. “The per se rule continues to be chipped away at and there's less and less that the department can actually prosecute as a per se matter,” he said. “That also means that the criminal programme becomes further and further restricted.”

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