Carl Hittinger, Ann O'Brien Discuss New Multi-Jurisdiction Antitrust Agreement

News / September 10, 2020

Partners Carl Hittinger and Ann O’Brien are quoted in an article published on Sept. 10, 2020, by MLex Market Insight. The article, “Big Tech Firms Seen as First Casualty of Multi-Jurisdiction Cooperation Deal That May Spawn Court Challenges,” reports on potential ramifications of the “Five Eyes” agreement that allows for the sharing of confidential information and for coordinating investigative activities among antitrust enforcement bodies in the United States, Canada, the United Kingdom, Australia and New Zealand.

It is a “super antitrust enforcement network,” Hittinger told MLex. It puts companies at “tremendous risk” based on activities they engage in, said Hittinger. He noted that in the U.S. there may be more challenges to Department of Justice subpoenas, particularly if they include language that the information could be shared with foreign agencies. “That would have to be disclosed in all fairness and could lead to more litigation over the production of the information,” he said.

O’Brien noted that legal restrictions in each jurisdiction still apply, but the new agreement creates “top tier” strong cooperative partners in an international investigation.

Read the article (registration required).