Washington Lawyer - October 2019 - 32

MEMBER SPOTLIGHT

I really enjoy doing a deep dive into industries
and understanding how they work, what
drives companies, and what drives the market
or a particular industry; it's always fascinated
me. I also enjoy dealing directly with business
people.

or acquisition is prohibited where it is likely to result in a substantial impediment
to effective competition, but it's similar to the [significant lessening of competition] test. Most agencies have public guidance on the application of the
relevant merger tests.
Explain the importance of being a member of the D.C. Bar although you
live and practice abroad.
My partner and I may work overseas again. We're very agile and open to
working in other jurisdictions again.
I am also an Antitrust and Consumer Law Community member, so I'm very
interested in hearing about developments in antitrust law, at least as D.C.
Bar members see them. And I think it's important to keep your finger on the
pulse of what's happening in that jurisdiction. I also have my New York Bar
Association membership, and I'm on the roll of solicitors in England and Wales.
How can the Bar better support its members outside the United States?
commission denied authorization. Today, Apple Pay is available through some
banks in Australia but not all.
How is competition practice in Australia different from or similar to
antitrust practice in the United States?
Competition or antitrust law - I use these terms interchangeably - was originally designed by policymakers as a check on the market power of large companies (or trusts as they were known then). The U.S. Sherman Act in effect
prohibits cartel conduct, anticompetitive agreements, and monopolization or
attempted monopolization. The U.S. Clayton Act prohibits anticompetitive
mergers. There are other types of conduct covered by competition law, but
these are the main ones.
For example, readers are probably familiar with cartels. These are agreements
to fix price, allocate markets, rig bids, or withhold production. These types of
agreements are per se illegal, so there is no need to prove anticompetitive
effects, and are subject to criminal penalties, including jail time. Many jurisdictions have leniency policies, and so if you get in early or you get in first, you get
some benefit or credit depending on the jurisdiction. It boggles my mind in this
day and age that people continue to engage in cartel conduct, but if they think
they can get away with it, then they do.
Another example is mergers. In the United States, you have two agencies,
the FTC and DOJ, and they decide who will review the matter. A merger or
acquisition is prohibited where it is likely to substantially lessen competition.
This test is similar in other jurisdictions, such as Australia. In Europe, a merger

32 WASHINGTON LAWYER

OCTOBER 2019

There are so many good continuing legal education (CLE) courses and seminars.
I'm sure [the Bar] records them, but they're not made available to members
- or maybe they are, and I don't know how to access them - because often
the sessions are at lunchtime in Washington, D.C. Understandably so, but that's
not a good time if you live on the other side of the world. There appears to be
a lot of useful CLEs that I would be happy to pay for if they were available.
I probably could be more proactive with the D.C. Bar, but it would be really
helpful [for it] to assist with networking, for example, [organizing] a once-a-year
get-together or something like that for D.C. Bar members in this city or region.
Like a satellite D.C. Bar in Australia?
Yes, or even broader such as in the Asia Pacific or something that's piggybacked
off one of the international American Bar Association meetings. That would
be helpful. For example, at the ABA Antitrust Section spring meeting in
Washington, other [organizations] such as the International Bar Association
usually meet around that time. There is also a women's group that catches
up then. There are opportunities the D.C. Bar might want to take advantage
of if people are coming to this region.

Do you know a D.C. Bar member who has done outstanding work in
his or her area of practice? We are interested in hearing stories about
the careers and personal journeys of our diverse members around the
country and the world. Pitch us a profile story at editorial@dcbar.org.

Washington Lawyer - October 2019

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