You Are A Competitor If You Say So–My Disagreement with Fourth Circuit’s Brewbaker Opinion
I have not written a blog post in some time. Been busy, or perhaps a bit lazy, but the Fourth Circuit opinion in United States v. Brewbaker, __ F. 4th __(4th Cir. 12/1/2023), 2023-2 Trade Cases ¶82,716; 2023 Westlaw 8286490 caught my attention. The decision represents a surprising departure from black letter law that collusion between…