Ann O'Brien Discusses Usefulness of Deferred Prosecution Agreements in Antitrust Cases

News / March 1, 2021

Partner Ann O’Brien is quoted in an article published by Global Competition Review on March 1, 2021. The article recaps a panel discussion at the recent “GCR Interactive: Cartels” event held virtually on Feb. 26, 2021, that focuses on the recent uptick in deferred prosecution agreements (DPAs) in antitrust cases.

O’Brien, who was a panelist for the discussion said, she was advising clients that DPAs are available – particularly in heavily regulated industries. A former prosecutor at the Antitrust Division, O’Brien also said she was skeptical that the availability of DPAs for companies with “gold standard” compliance programs would encourage corporations to self-report antitrust violations. While “leniency is still the best deal in cartel town”, O’Brien said she thinks the program has become a lot less attractive to corporations over the years. She said she believes the agency needs to rebuild trust after adopting a stance that is more punishing than rewarding for those who come forward.

Read the article (registration required).