News / Resources

Houston partner Judy Gechman authored an article, "With Antitrust Amnesty, First Come Doesn’t Serve but Prevention Beats the Cure," which was published in the November 2009 American Bar Association Section of Environment, Energy and Resources' Energy Committees Newsletter.

Gechman's article is a "primer" regarding antitrust enforcement and policies which may assist companies in preventing, or at least mitigating, some of the antitrust risks. According to Gechman, "a single member of a price fixing cartel can bring that cartel down if the member approaches the Department of Justice's Antitrust Division (the "DOJ") to report its involvement. An informant’s motivation is simple. The first cartel participant to come forward can qualify for full amnesty under the DOJ's leniency program, avoiding prison and criminal fines . . . The energy industry is not immune from the risk of cartels and antitrust enforcement, especially in the oilfield equipment and tool manufacturing and the oilfield services sectors."

Gechman's article goes on to describe how the leniency program works and suggested best practices for companies to consider to minimize the risk of becoming caught up in cartels. Click here to read the full article from the ABA website (pg. 11 of the newsletter).