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.
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