Lisa Phelan

Dec 20, 2024 | jdsupra.com | Lisa Phelan

Antitrust enforcers and private plaintiffs over the past few years have pursued increasingly aggressive theories of liability based on information exchange and the use of algorithmic pricing and revenue management software. Several recent developments underscore this push to expand liability. First, the White House released a report that claims the use of pricing algorithms has led to decreased competition and increased residential rents in certain areas.

May 2, 2024 | jdsupra.com | Megan Gerking |Alexander Okuliar |Lisa Phelan

Potential Exceptions Status Under Final Rule FTC Comments/Rules Sale of Business Not prohibited Codified in § 910.3 – The exception “shall not apply to a noncompete clause that is entered into by a person pursuant to a bona fide sale of a business entity,[3] of the person’s ownership interest in a business entity, or of all or substantially all of a business entity’s operating assets” Note that the Final Rule does not contain the 25% ownership threshold that the FTC included in its proposed...

Aug 29, 2023 | mondaq.com | Lisa Phelan

Lisa Phelan spoke to Global Competition Review about Florida-based oncologist William Harwin pleading guilty to a criminal charge of allocating cancer treatments with a rival more than eight months after the first prosecution resulted in a mistrial. The jury broke for deliberations in the initial trial in 2020, but Hurricane Ian disrupted proceedings in Fort Myers for so long that the court declared a mistrial.

Jun 8, 2023 | mondaq.com | Lisa Phelan

Lisa Phelan, Morrison Foerster partner and former head of criminal enforcement at Department of Justice (DOJ) Antitrust Division, spoke with Global Competition Review about the recent collaboration between federal agencies. Lisa said it is possible the U.S. agencies are trying to save resources. The evidence may be thin at this early stage, and it could be that the DOJ is permitting the Federal Trade Commission (FTC) to look until it finds whether any actual agreement was formed, she noted.

May 29, 2023 | mondaq.com | Lisa Phelan

Lisa Phelan spoke with Global Competition Review about United States v. Patel and what it means for other no-poach prosecutions and per se offenses. "The DOJ may want to re-focus its resources on some more classic cartel conduct, that may lead to court opinions that re-establish some of these per se principles that DOJ historically relied on to build winning cases," Lisa said. Read the full article (subscription required).