Credit: Pearson Simon & Warshaw
Pearson Simon & Warshaw partner Bruce Simon will moderate the panel “To the ends of the earth? Extraterritorial application of cartel laws today” at next week’s second annual GCR Live Cartels.
What antitrust issues aside from your own cases are you most closely following and why?
Given how many competition authorities there are around the world, and the proliferation of civil cases outside of the US, it will be very interesting to see how jurisdictional disputes play out. This is particularly true of settlements, and requests for global releases that may cover claims in more than one jurisdiction.
There are over 100 antitrust regimes all around the world. Each one has its own way of handling antitrust law and the regulations aren't always the same. Are there any specifically international issues that you're keeping an eye on, and how might those affect antitrust law here in the US?
The effect of having so many antitrust regimes around the world makes civil antitrust cases even more complicated. It affects the decision where to file and in what jurisdiction a case may have the largest reach. In the past, this was the US by default, but not anymore. While this is all playing out, it also creates a certain degree of uncertainty for defendants who get torn in many different directions, and have to face critical decisions regarding with whom they should negotiate both on the criminal and civil side.
What advice would you give to a young antitrust lawyer who is just starting out?
I would strongly encourage young antitrust attorneys to think outside the box, and to get involved in cases with global implications. The antitrust bar still needs more diversity; and in the global economy, those with the most grey hair do not necessarily have all the answers. The antitrust cases of the future will be multidisciplinary in the sense that they will involve technology that cuts across industries and national boundaries.
What do you find interesting about the panel you'll be moderating?
Our panel is right on the cutting edge of where antitrust is headed. It is exciting because we are in the middle of the global expansion of antitrust, and it is still not clear where it will all land.
If you could invite one more person to participate on the panel, who would it be and why?
I would invite President Trump because I would like to know his views on antitrust enforcement in the US, but mainly for the entertainment value.
GCR Live 2nd Annual Cartels takes place on Tuesday, 28 March in Washington, DC. Registration is complimentary for government officials and in-house counsel.