Ann M. O'Brien

Partner

Washington, D.C.
T +1.202.861.1650
F +1.202.861.1783
Philadelphia
T +1.215.568.3100
F +1.215.568.3439

Overview

Ann O'Brien advises manufacturers, distributors and retailers on price gouging and related issues, including responding to consumer complaints and providing guidance on compliance measures.

Through her counsel and representation, Ann draws on her experience at the Department of Justice as the Antitrust Division representative on the Financial Fraud Enforcement Task Force, as well as a member of the Grant Fraud Working Group and Oil and Gas Price Fraud Working Group. Ann utilizes this experience by working with companies that have pivoted their business models to create, distribute and sell high-demand products. Notably, she has advised on the selling and reselling of personal protective equipment (PPE), medical equipment, disinfectants and other products in the wake of the COVID-19 pandemic. Ann frequently speaks and writes on price gouging issues, and has been involved in numerous webinars related to the topic.

Select Experience

Pricing Strategy and Price Gouging Experience
  • Provides concise counsel on pricing strategies for essential products and adherence with federal, state and local price gouging laws during the COVID-19 pandemic.
  • Assists clients with responding to state, local and Congressional letters regarding price gouging complaints for personal protective equipment (including masks), disinfectant products, food and household goods sold during the COVID-19 crisis.
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Experience

Pricing Strategy and Price Gouging Experience
  • Provides concise counsel on pricing strategies for essential products and adherence with federal, state and local price gouging laws during the COVID-19 pandemic.
  • Assists clients with responding to state, local and Congressional letters regarding price gouging complaints for personal protective equipment (including masks), disinfectant products, food and household goods sold during the COVID-19 crisis.
  • Served as primary drafter of the DOJ Antitrust Division's 2019 antitrust compliance guidance, providing insight on the evaluation of corporate antitrust programs and other compliance measures.

Recognitions and Memberships

Recognitions

  • Global Competition Review’s "Women in Antitrust 2021” list, which recognizes 138 women around the world for their accomplishments in the antitrust field
  • The Legal 500 United States (2021)
    • Recommended in Litigation: Civil litigation/class actions
  • U.S. Department of Justice, Antitrust Division
    • Assistant Attorney General Award (2006, 2015)
    • Special Achievement Award (2009)
  • Counsel of the Inspectors General on Integrity and Efficiency: Award for Excellence (2013)
  • U.S. General Services Administration OIG: Special Recognition Award (2012)

News

News

Press Releases

Publications

Alerts

Articles

Community

  • CYO Youth Basketball Coach (2018)
  • Justice Department Child Development Center, Just Us Kids
    • Vice President (2016 to 2017)
    • Board Member (2015 to 2016)
  • Shrine of the Most Blessed Sacrament Parish and School
    • Giving Tree Holiday Gift Giving Program: Coordinator (2014 to 2016)
    • School Advisory Board, Strategic Planning Extracurricular Committee: Member (2015 to 2018)

Featured Video

Antitrust Enforcement in the Biden Administration: What to Expect
Play Video

Hear a discussion on what we can expect from the Biden Administration on the antitrust front.

Prior Positions

  • U.S. Department of Justice, Antitrust Division:
    • Competition Policy & Advocacy Section: Assistant Chief
    • Office of the Assistant Attorney General: Acting Director of Criminal Enforcement
    • Washington Criminal II Section: Assistant Chief
    • Office of the Assistant Attorney General: Counsel to the Assistant Attorney General (AAG)
    • Office of Criminal Enforcement: Senior Counsel to the Deputy AAG for Criminal Enforcement
    • Office of Operations: Special Assistant to the Directors of Civil and Criminal Enforcement
    • Cleveland Field Office: Trial Attorney
  • U.S. Attorney's Office, District of Maryland: Special Assistant U.S. Attorney
  • The Honorable Deborah A. Robinson, U.S. District Court for the District of Columbia: Law Clerk

Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, Fourth Circuit
  • Maryland
  • District of Columbia
  • Pennsylvania

Education

  • J.D., Northeastern University School of Law, 1999
  • B.A., Government and International Studies, University of Notre Dame, 1996

Blog

In The Blogs

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Antitrust Advocate
Federal Court Allows Price-Fixing Class Action to Proceed Against Universities
By Tyson Y. Herrold, Carl W. Hittinger, Ann M. O'Brien, Nicholas M. Rose
September 14, 2022
Seventeen of U.S. News & World Report’s top 25 universities in the nation recently lost their bid to dismiss allegations of an antitrust conspiracy to suppress student financial aid awards. The ruling by the U.S. District Court for the...
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Antitrust Advocate
PGA Tour Wins First Round in Antitrust Legal Fight with Players
By Ann M. O'Brien, Alyse F. Stach
August 10, 2022
On August 9, 2022, a federal judge hearing the antitrust lawsuit filed by 11 professional golf players against the PGA Tour ruled against three of the players who had sought a temporary restraining order. The order, if granted, would have...
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Antitrust Advocate
Is antitrust liability in the future for the PGA Tour, and beyond?
By Ann M. O'Brien, Alyse F. Stach
August 4, 2022
On August 3, 2022, 11 professional golfers, led by Phil Mickelson, filed an antitrust complaint in the Northern District of California against the PGA Tour for the actions it took against the golfers – including suspension from PGA Tour...
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AD-ttorneys Law Blog
FTC and DOJ MOUs with NLRB Reflect the Administration's Ongoing Focus on Restrictive Labor Relationships
By Marc A. Antonetti, Daniel Kaufman, Ann M. O'Brien
July 28, 2022
Last week, the Federal Trade Commission (FTC) and the National Labor Relations Board (NLRB) announced that the agencies had entered into a new Memorandum of Understanding (MOU). The FTC press release touted the MOU as a big deal, stating...
Read More ->
Employment Law Spotlight
FTC and DOJ MOUs with NLRB Reflect the Administration's Ongoing Focus on Restrictive Labor Relationships and the Gig Economy
By Marc A. Antonetti, Daniel Kaufman, Ann M. O'Brien
July 27, 2022
Last week, the Federal Trade Commission (FTC) and the National Labor Relations Board (NLRB) announced that the agencies had entered into a new Memorandum of Understanding (MOU). The FTC press release touted the MOU as a big deal, stating...
Read More ->