Lisa Phelan spoke to Law360 about the key antitrust cases to keep an eye on in 2020.
According to Lisa, antitrust has become the “tool du jour” to confront concerns about large tech companies and that the area presents new questions enforcers will have to answer. “Both the FTC and DOJ will feel the need to do something in this space, and it’ll be interesting to see what it is,” she said.
Lisa also discussed the no-poach arena, saying that no-poach agreements are pretty widespread in some industries, and noting a flurry of complaints and tips she received while at the DOJ, as well as in her experience working in the private sector afterward, though she added that it can be tricky for the agency to start pursuing conduct criminally that it had previously gone after as a civil violation.