client_admin, Author at American Antitrust Institute

by client_admin on November 29, 2022

Please Take a Moment to Support AAI on Giving Tuesday – All Donations are Tax Deductible

As we finish out 2022, the American Antitrust Institute (AAI) looks back on a highly productive year that generated major impact in promoting competition for the benefit of consumers, workers, and smaller businesses. We are looking forward to a new year, with an ambitious agenda as the leading non-profit, progressive competition research, education, and advocacy organization.

In 2022, AAI continued to lead with expert, cutting-edge legal, economic, and policy work. With the support of AAI donors, we were able to target competition issues across major markets and areas of antitrust enforcement. AAI’s highlights from 2022 reveal the breadth and impact of AAI’s legal, economic, and policy analysis. It is this analysis—which is only possible with your help — that continues to make AAI’s work a major force in shaping the competition debate.

We look forward to serving the public interest again in 2023. But, we cannot fulfill our mission without you. Your tax-deductible donation to AAI before midnight tonight supports our work at this critical time, and the vital role of antitrust enforcement and competition policy in protecting our markets, our economy, and the democratic principles that support them.

Please click here to make a donation.

by client_admin on November 17, 2022

AAI Year in Review 2022

In 2022, AAI continued to serve as the leading progressive voice for more vigorous antitrust enforcement and competition policy. AAI’s cutting-edge legal, economic, and policy analysis is made possible with support from our sponsors and donors. What follows is an “at-a-glance” summary of AAI’s major activities in 2022–across all areas of research, education, and advocacy.

AMICUS BRIEFS:

In re Niaspan Antitrust Litigation January 19, 2022

Epic v. Apple January 27, 2022

New York v. Facebook January 31, 2022

Regeneron v. Novartis June 20, 2022

Axon v. FTC August 16, 2022

Innovative Health v. Biosense October 10, 2022

Sidibe v. Sutter Health October 13, 2022

In the Matter of Illumin, Inc. and GRAIL, Inc. October 24, 2022

Deslandes v. McDonald’s November 10, 2022

by client_admin on November 17, 2022

Save the Dates for AAI’s 2023 and 2024 Private Antitrust Enforcement Conference and Awards Night

AAI has reserved dates for its 2023 and 2024 annual Private Antitrust Enforcement Conference and Awards Night. The conference, which is the flagship event for the private enforcement community, features a series of panel discussions on timely and topics. Discussions feature experts and thought-leaders from across the antitrust community, including enforcement, advocacy, and academia. AAI is proud to host its Awards Night after the Private Antitrust Enforcement Conference to recognize outstanding achievements in the antitrust community across a variety of contributions and categories.

Please market your calendars for:
17th annual Private Enforcement Conference and Awards Night — November 2, 2023
18th annual Private Enforcement Conference and Awards Night — October 30, 2024

by client_admin on October 12, 2022

AAI Congratulates the Antitrust Enforcement Awards 2022 Honorees

The American Antitrust Institute announces the AAI’s Antitrust Enforcement Awards 2022 honorees. These leading legal practitioners and economists will be honored at AAI Awards Night on November 9, following AAI’s Annual Private Antitrust Enforcement Conference. Our congratulations to all honorees!

OUTSTANDING ANTITRUST LITIGATION ACHIEVEMENT IN PRIVATE LAW PRACTICE

Cameron et al v. Apple Inc.
Hagens Berman
Sperling & Slater, P.C.
Saveri & Saveri, Inc.
Freed Kanner London & Millen, LLC
Team members include: Hagens Berman’s Steve W. Berman, Robert F. Lopez, and Ben Harrington; Sperling & Slater, P.C.’s Joseph M. Vanek, Eamon P. Kelly, and Paul Slater; Saveri & Saveri, Inc.’s Guido Saveri and R. Alexander Saveri; Freed Kanner London & Millen, LLC’s Kimberly A. Justice, Jonathan M. Jagher, Douglas A. Millen and Billy London; and Cadio Zirpoli, formerly of Saveri & Saveri, Inc.

In re EpiPen Marketing, Sales Practices, and Antitrust Litigation
Burns Charest LLP
Robbins Geller Rudman & Dowd LLP
Pritzker Levine LLP
Keller Rohrback LLP
Sharp Law LLP
Boies Schiller Flexner LLP
Team members include: Burns Charest LLP’s Warren T. Burns, Spencer Cox, and Amanda Klevorn; Robbins Geller Rudman & Dowd LLP’s Paul J. Geller, Stuart A. Davidson, and Brian O. O’Mara; Pritzker Levine LLP’s Elizabeth C. Pritzker and Jonathan K. Levine; Keller Rohrback LLP’s Lynn Lincoln Sarko, Gretchen Freeman Cappio, Alison Chase, and Felicia Craick; Sharp Law LLP’s Rex Sharp, Ruth Anne French-Hodson, Ryan C. Hudson, Ike Diel, and Greg Wright; and Boies Schiller Flexner LLP’s Matt Tripolitsiotis.

Moultrie v. National Women’s Soccer League
Law Offices of Leonard B. Simon
Gustafson Gluek PLLC
Miller Nash LLP
Team members include: Leonard B. Simon; Gustafson Gluek PLLC’s Dennis Stewart and Michelle Looby; Miller Nash LLP’s Joshua Sasaki, Max Forer, Bruce Campbell, Eric Mills, and Erica Clausen.

UFCW & Employers Benefit Trust v. Sutter Health et al
Pillsbury & Coleman LLP
Farella Braun + Martel LLP
Cohen Milstein
Kellogg, Hansen, Todd, Figel & Frederick, PLLC
McCracken Stemerman & Holsberry LLP
Team members include: Pillsbury & Coleman, LLP’s Richard Grossman; Farella Braun + Martel LLP’s Christopher Wheeler, Karen Kimmey, John Cooper, Janice Reicher, and Alex Reese; Cohen Milstein’s Daniel Small; Kellogg, Hansen, Todd, Figel & Frederick, PLLC’s Aaron Panner, Daniel Bird and Ken Fetterman; McCracken Stemerman & Holsberry LLP Sarah Grossman-Swenson and Steven Stemerman; and Laura Alexander, formerly of Cohen Milstein.

OUTSTANDING ANTITRUST LITIGATION ACHIEVEMENT IN ECONOMICS

In re Capacitors Antitrust Litigation
James T. McClave, Ph.D. and the Infotech Consulting Team
Team members include Dr. Jim McClave, Dr. Jamie McClave Baldwin, Dr. Allison Zhou, Dr. Ed See, Cindy Hewitt, Paul Manning, Joe Bloom, Janese Nix, Tom Krizanosky, Jodie Newman, Erica Johnson, Paula Mullaly, Barbara Simons, and Michelle Legath.

In re Packaged Seafood Products Antitrust Litigation
The Brattle Group
Dr. David Sunding
Team members include: The Brattle Group’s Dr. Armando Levy and Dr. Pablo Robles; and Dr. David Sunding who is now with Berkeley Research Group.

US Airways, Inc. v. Sabre Holdings Corp.
The Brattle Group
Prof. Joseph E. Stiglitz
Team members include: The Brattle Group’s Dr. Rosa M. Abrantes-Metz, Michael I. Cragg, and David Hutchings; and Columbia University’s Professor Joseph E. Stiglitz.

OUTSTANDING ANTITRUST LITIGATION ACHIEVEMENT BY A YOUNG LAWYER

In re Capacitors Antitrust Litigation
Christopher K.L. Young
Joseph Saveri Law Firm, LLP

In re EpiPen Marketing, Sales Practices, and Antitrust Litigation
Spencer Cox
Burns Charest LLP

In re Pork Antitrust Litigation
Joseph C. Bourne
Lockridge Grindal Nauen P.L.L.P.

In re Ranbaxy Generic Drug Application Antitrust Litigation
Renee A. Nolan
Lowey Dannenberg, PC

The Judging Committee for 2022 award entries was comprised of:

Chair: Heidi Silton, Lockridge Grindal Nauen P.L.L.P.
Elizabeth T. Castillo, Cotchett, Pitre & McCarthy LLP
Patricia Conners, Retired Florida Assistant Attorney General
Deborah A. Elman, Garwin Gerstein & Fisher LLP
Kathleen Konopka, DC Office of the Attorney General
Philip Nelson, Secretariat Economists
Nancy L. Rose, MIT Department of Economics

About the American Antitrust Institute

The American Antitrust Institute is an independent, nonprofit organization devoted to promoting competition that protects consumers, businesses, and society. We serve the public through research, education, and advocacy on the benefits of competition and the use of antitrust enforcement as a vital component of national and international competition policy.

The American Antitrust Institute is a 501(c)(3) not-for-profit organization (Tax ID #52-2093834). All donations are tax deductible. To learn more about the AAI, please visit www.antitrustinstitute.org.

by client_admin on October 12, 2022

Register Today for AAI’s 16th Annual Private Antitrust Enforcement Conference on November 9

AAI will host its 16th annual Private Antitrust Enforcement Conference on Wednesday, November 9, 2022 at the National Press Club. The conference will feature a series of panel discussions on timely and topics. Discussions will feature experts and thought-leaders from across the antitrust community, including enforcement, advocacy, and academia.

The conference will be followed by AAI Awards Night at Hamilton Live located across the street at 600 14th Street, N.W., Washington, DC 20005.

REGISTRATION PRICING FOR 2022 CONFERENCE AND AWARDS

Conference and Awards $500
Conference Only $250
Awards Only $250
Government/Academic Conference Only $150
Media Conference Only $0
Advisory Board/Guest/Sponsor Conference and Awards $0

CLE CREDITS:

This conference is approved by the Pennsylvania Continuing Legal Education Board for up to 6 CLE credit hours, including one (1) ethics hour. When you attend the conference, you will be provided a Certificate of Attendance. If you are a Pennsylvania attorney, AAI will submit and pay for the credits on your behalf. Please read about AAI’s CLE procedures here.

REFUND POLICY:

Refunds for registration, minus a $50.00 processing fee, will be granted for all requests received 10 calendar days prior to the event. Refund requests must be sent in writing to aai@antitrustinstitute.org. Refund requests made within 10 days of the event will not be honored.

DOWnload the App Before Arrival

The conference will be paperless. Please download the Eventee app from the App store on your phone or go to this link on your phone: https://eventee.co/event/84618

by client_admin on October 6, 2022

AAI Announces Kellie Lerner as the 2022 Recipient of Hollis Salzman Memorial Leadership Award

The American Antitrust Institute (AAI) and the Committee to Support the Antitrust Laws (COSAL) are pleased to announce that Kellie Lerner has been selected as the 2022 recipient of the Hollis Salzman Memorial Leadership Award. Ms. Lerner will be honored at AAI’s Awards Night on November 9, 2022 in Washington, DC.

“Like her partner, Hollis Salzman, Kellie leads with integrity, collegiality and inclusion in everything she does,” said a colleague who nominated her for the award. “She is trusted by everyone she encounters because of her core honesty, a trait that has also contributed to her sterling reputation with the bench. Kellie is generous with her time and her talent, always willing to advise and problem solve with her colleagues, within her firm and outside as well. She carries on the warmth, kindness, and humor that were so emblematic of Hollis.”

A partner at Robins Kaplan in New York, Ms. Lerner is nationally recognized for her work over the last two decades representing clients in high-stakes antitrust disputes across the country. She has successfully led numerous antitrust class actions and currently serves or has recently served in leadership positions in BCBSM, Inc. v. Vyera Pharmaceuticals, LLC, et al., In re Merck Mumps Vaccine Antitrust Litig., In re Hard Disk Drive Suspension Assemblies Antitrust Litig., and Sterk, et al. v. The Bank of Nova Scotia, et al. Ms. Lerner is particularly adept at identifying new antitrust actions, initiating the first antitrust class action lawsuits in the country in dozens of actions that have ultimately resulted in billions of dollars in recoveries for victims of anticompetitive conduct.

Chambers USA recognized Ms. Lerner as one of the country’s top plaintiff’s antitrust attorneys, describing her as “a brilliant tactician and a fierce litigator. She does this while maintaining a cordial relationship both with other plaintiffs’ counsel and with defense counsel.” The Legal 500 USA also praised Ms. Lerner for her “superior intellect, determination and political savvy in getting the job done.”

Ms. Lerner is a member of the Executive Committee and the Chair of Diversity for the Antitrust Section of the New York State Bar Association, a member of the Advisory Board of the Institute of Consumer Antitrust Studies at the Loyola University Chicago School of Law, Co-Chair of the National Association of Women Lawyers’ Litigation Affinity Group, Executive Committee Member and Treasurer of COSAL, and an Editor of the ABA’s Antitrust magazine. She co-founded Roseann’s Gift, is a member of the Tri-State Area Advisory Board of Jumpstart, and currently provides pro bono assistance to Kids In Need of Defense and Lambda Legal. She was previously a member of the Board of Directors for the Jewish Community Project and has previously provided assistance to the Transgender Legal Defense and Education Fund, AARP, and the Lawyers Committee for Civil Rights Under the Law.

AAI and COSAL created the Hollis Salzman Memorial Leadership Award in 2021 to honor the life of Hollis Salzman, a friend, colleague, and incomparable member of the antitrust community. The inaugural recipient was Lin Y. Chan. One of the nation’s leading antitrust attorneys, Ms. Salzman spent more than 25 years litigating some of the world’s largest cases and recovered over $2 billion in settlements for victims of antitrust cartel and unfair competition practices. She was a champion of gender equality and diversity in her profession, embracing her role as a mentor and role model to other female attorneys, and helping to inspire them to shine on their own merit. “Women can succeed and lead blockbuster investigations, even in a male-dominated field, without losing their identity or acting in a way that is not true to themselves,” Ms. Salzman noted. Her tireless dedication to advocating on behalf of women included an extensive pro bono practice representing indigent women and victims of domestic violence. View a video remembrance of Hollis.

by client_admin on September 27, 2022

AAI Announces 2022 Private Antitrust Enforcement Hall of Fame Inductee: Jonathan W. Cuneo

The American Antitrust Institute (AAI) is pleased to announce Jonathan W. Cuneo as the 2022 inductee to the Private Antitrust Enforcement Hall of Fame. He will be honored at AAI’s Awards Night on November 9, 2022 in Washington, DC. AAI President, Diana Moss, noted “Jon Cuneo is an iconic member of the antitrust community and has been at the vanguard of the movement for stronger enforcement of the antitrust laws for decades. We are delighted to induct him into the AAI Hall of Fame.”

Mr. Cuneo founded the firm that became Cuneo Gilbert & LaDuca, LLP in 1988. Over the past 37 years, Mr. Cuneo has appeared on behalf of plaintiffs in state and federal trial and appeals courts around the country in a variety of cases, including in complex antitrust, civil and human rights, consumer protection, corporate governance, and securities class actions. He also has led numerous legislative efforts before Congress. The dual nature of his practice is very rare, if not unique.

Mr. Cuneo founded the American Antitrust Institute in 1998 with Albert A. Foer and Robert Lande. He was previously honored by AAI in 2016 with the Alfred E. Kahn Award for Antitrust Achievement. At the time, AAI noted Mr. Cuneo’s efforts to defend the antitrust laws amidst pressure to weaken them in the 1980s, stating, “Mr. Cuneo was the only person outside of the government to be a spokesperson, clearinghouse, and advocate for strong antitrust enforcement.”

Prior to becoming a private enforcer, Mr. Cuneo had a decade of prior government service—first as an attorney in the Office of the General Counsel of the Federal Trade Commission (1978-1981) and then as Counsel to the Subcommittee on Monopolies and Commercial Law of the U.S. House of Representative’s Committee on the Judiciary (1981-1986). He began his legal career as a law clerk to Judge Edward Tamm of the U.S. Court of Appeals for the District of Columbia Circuit (1977-1978).

AAI established the Private Antitrust Enforcement Hall of Fame in 2018 as an important part of celebrating the organization’s 20th anniversary and furthering the goals of progressive competition research, education, and advocacy that have defined AAI’s mission and success since its founding in 1998.

The Hall of Fame recognizes practitioners for three major contributions:
       – Distinguished service to the private antitrust enforcement community;
       – Commitment to the enforcement of the antitrust laws; and
       – Success in fighting for competition, consumers, and workers.

Mr. Cuneo joins AAI Private Antitrust Enforcement Hall of Fame inductees Joseph Goldberg, Roberta D. Liebenberg, H. Laddie Montague Jr., Ellen Meriwether, and Michael Freed. Learn more about the AAI Private Antitrust Enforcement Hall of Fame here.

by client_admin on September 20, 2022

Senator Amy Klobuchar to Keynote at AAI’s Competition Roundtable on Event Ticketing

AAI will host an in-person competition roundtable at 10:30 am on October 20, 2022 at the Capitol Visitors Center in Washington DC. The roundtable will unpack ongoing, systemic competition problems in event ticketing markets. Senator Amy Klobuchar will deliver the opening remarks, followed by a panel discussion with a range of competition experts, including: Russell D’Souza, Co-Founder, SeatGeek; Brian Hess, Senior Director, Vice President, The Goodfriend Group; Jay L. Himes, Special Litigation Counsel, New York State Office of the Attorney General. AAI President, Diana L. Moss, will moderate the panel discussion. There is no cost to attend the competition roundtable.

The roundtable will focus on developing concrete and practical proposals to restore and reinvigorate competition in event ticketing. In the process, panelists will examine a number of key questions. Can anything short of structural relief revive competition in ticketing? What market conditions and practices have facilitated Ticketmaster’s such complete dominance? What would it mean to break up a merger a dozen years post-consummation and should that be done through Section 2 or Section 7? How do characteristics of the ticketing market, including developments in ticketing technology and transferability, invite monopolization? If so, how can these market characteristics be mitigated, or managed? Can technology be deployed to break through barriers to entry and improve the experience of artists and consumers?

by client_admin on July 27, 2022

AAI Announces Upcoming Competition Roundtable — Breaking the Monopoly in Ticketing: Policies for Restoring Competition and Protecting Consumers

AAI will host an in-person roundtable in early Fall 2022 to unpack ongoing, systemic competition problems in event ticketing. Despite decades of fines, consent decrees, and attention from policymakers, competition issues continue to vex U.S. ticketing markets. Ticketmaster’s deeply entrenched monopoly in the primary ticketing market persists, despite a consent decree in place since the 2010 merger between Ticketmaster and Live Nation. In the interim, Ticketmaster has extended its presence to the secondary ticketing market. Led by AAI’s February 2020 letter to the U.S. Department of Justice on its decision to extend the consent decree, calls for enforcers to revisit that 2010 merger are growing louder. Legislative proposals to improve transparency in primary and secondary ticketing have also gained ground. These developments prompt the important question: What would it take to restore effective competition in ticketing?

The roundtable will feature a keynote address and an expert panel discussion to examine a number of key questions. Can anything short of structural relief revive competition in ticketing? What market conditions and practices have facilitated Ticketmaster’s such complete dominance? What would it mean to break up a merger a dozen years post-consummation and should that be done through Section 2 or Section 7? How do characteristics of the ticketing market, including developments in digital ticketing technology invite monopolization? If so, how can these market characteristics be mitigated, or managed? Can technology be deployed to break through barriers to entry and improve the experience of artists and consumers? The roundtable will focus on developing concrete and practical proposals to restore and reinvigorate competition in event ticketing.

by client_admin on July 1, 2022

Watch AAI’s Virtual Competition Roundtable: Harnessing State Antitrust Enforcement in Food & Agriculture

AAI hosted a virtual roundtable on June 29, 2022 to discuss state antitrust enforcement in food and agriculture. Antitrust concerns in the food and agriculture supply chains have been laid bare by the COVID-19 pandemic and associated supply-chain disruptions. Even before the pandemic, though, credible allegations of conspiracies abounded in almost every major raw food product, from beef to tuna to mushrooms. Complaints of monopsonization in upstream supply markets were also growing louder. This virtual AAI competition roundtable addressed why state antitrust enforcers are in a unique position to address potential antitrust violations in food and agriculture markets and to make significant contributions to more aggressive enforcement in this critical sector.

Speakers:

Andrew Green, Senior Advisor for Fair and Competitive Markets, U.S. Department of Agriculture
Thomas Horton, Professor of Law and Heidepriem Trial Advocacy Fellow, University of South Dakota School of Law
Rob Larew, President, National Farmers UnionMichelle Looby, Member, Gustafson Gluek PLLC
Diana Moss, President, American Antitrust Institute
Bryce Pashler, Assistant Attorney General, Office of the Attorney General of Iowa

AAI Virtual Competition Roundtable: Harnessing State Antitrust Enforcement in Food & Agriculture from American Antitrust Institute on Vimeo.

client_admin

AMICUS BRIEFS:

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REPORTS AND WHITE PAPERS:

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