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.
Lisa said the FTC's involvement in the probe of Abbott
Laboratories may be a sign of a closer relationship between the two
agencies.
"This is a significant increase from the typical number of
referrals between the agencies, and DOJ criminal prosecutors may
feel confident the unit will refer the matter if and when the
evidence exists to support a grand jury being opened," Lisa
said.
