Sarah Frey

New presidential and Senate battleground state polling by Lake Research Partners, in partnership with the American Antitrust Institute (AAI) and the Committee to Support the Antitrust Laws (COSAL), shows that voters across partisan lines overwhelmingly support strong antitrust enforcement and government supervision of powerful corporations. The poll was conducted across Arizona, Georgia, Michigan, Nevada, North Carolina, Ohio, Pennsylvania, and Wisconsin. These are the seven presidential battleground states, plus Ohio, a battleground for control of the Senate and home to three hotly contested congressional races.

Major conservative and libertarian think tanks and political donors, including from the tech industry and Wall Street, have been attacking the robust antitrust enforcement and corporate regulatory policies of the Biden-Harris administration, but this poll demonstrates that the public disagrees, and that voters’ anti-monopoly and pro-competition sentiments impact their voting decisions.

“This poll shows that voters understand that big corporations that abuse their market power are harming the quality of life for the rest of us and we need to do more to hold them accountable,” said Pamela Gilbert, COSAL Legislative Counsel. “Public officials should pay attention and do more to strengthen public and private antitrust enforcement.”

Key Findings

1. Sixty-seven percent of voters agree (49% strongly agree) that “One of the biggest problems facing America today is that a handful of corporations have too much power and government is doing too little to hold them accountable.”

2. Seventy-one percent of voters agree (56% strongly agree) that “Today, a handful of enormous, economically powerful corporations wield a massive amount of influence over the quality of our lives with almost no accountability or transparency to the public.”

3. Overwhelming majorities of voters hold negative views toward anticompetitive conduct by firms with market power.
– Voters hold very negative views of monopolization.
– Voters hold very negative views of price-fixing and exclusionary conduct.
– Voters hold very negative views of concentrative mergers.
– Voters believe that firms with market power operate without transparency.
– Voters are concerned about firms with market power “driving out competition,” “price gouging,” and hurting consumers and small business.

4. Voters are very favorable toward both government enforcement of the antitrust laws and private enforcement of the antitrust laws on behalf of victims.
– Seventy-eight percent favor (59% strongly favor) allowing small businesses and customers to sue for damages when firms engage in anticompetitive conduct.
– Voters support “lawsuits” and “class action lawsuits” to hold firms with market power accountable for anticompetitive behavior.

5. This is not a partisan view; it’s a consensus view that transcends political and personal divides and impacts voting behavior.
– A majority of battleground voters consider antitrust enforcement a central criterion in their voting decisions.

“These data are remarkable,” said AAI President Randy Stutz. “Strong antitrust enforcement is not just good policy; it’s also good politics, whether you’re a Democratic or a Republican.”

For questions or interviews, please contact Lauren Windsor at lauren@mikeluxmedia.com.

Read AAI’s Commentary on the Survey Results

Download Lake Research Partners’ Summary of Survey Results

The American Antitrust Institute has announced its 2024 Antitrust Enforcement Award honorees. These leading attorneys and economists will be recognized at AAI Awards Night  on October 30, following AAI’s Annual Private Antitrust Enforcement Conference. Congratulations to the honorees!

OUTSTANDING ANTITRUST LITIGATION ACHIEVEMENT IN PRIVATE LAW PRACTICE

Moehrl, et al./Burnett, et al. v. The National Association of Realtors, et al.
Moehrl Team: Cohen Milstein Sellers & Toll PLLC; Hagens Berman Sobol Shapiro LLP; Susman Godfrey L.L.P.; Justice Catalyst Law
Burnett Team: Ketchmark and McCreight, P.C.; Williams Dirks Dameron LLC; Boulware Law
Moehrl  team members include Cohen Milstein’s Benjamin D. Brown, Robert A. Braun, Daniel H. Silverman, Daniel A. Small, Kit Pierson, and George Farah (now with Handley Farah & Anderson); Hagens Berman’s Steve W. Berman, Rio S. Pierce, and Jeannie Evans; Susman Godfrey’s Marc M. Seltzer, Beatrice C. Franklin, Matthew R. Berry, and Alex Aiken; and Justice Catalyst Law’s Ben Elga. Burnett team members include Ketchmark and McCreight P.C.’s Michael Ketchmark and Scott McCreight; Williams Dirks Dameron’s Matthew L. Dameron and Eric L. Dirks; and Boulware Law’s Brandon J.B. Boulware and Jeremy M. Suhr.

Fusion Elite All Stars, et al. v. Varsity Brands, LLC, et al.
Berger Montague PC
DiCello Levitt LLP
Cuneo Gilbert & LaDuca, LLP
Co-lead counsel teams included Berger Montague PC’s Eric L. Cramer, Michael Kane, Joshua Davis, and Mark Suter (now at the FTC); DiCello Levitt LLP’s Gregory Asciolla, Jonathan Crevier, Karin Garvey (now with Scott + Scott), and Brian Hogan (now with Scott + Scott); and Cuneo Gilbert & LaDuca, LLP’s Jonathan Cuneo (deceased), Victoria Sims (now with the FTC), and Katie Van Dyck (now with the FTC). Supporting team members included Justice Catalyst Law Inc.’s Benjamin Elga; Fine Kaplan and Black, R.P.C.’s Roberta Liebenberg; Neal & Harwell, PLC’s Charles Barrett; and Stranch, Jennings & Garvey, PLLC’s J. Gerard Stranch.

Leinani Deslandes v. McDonald’s USA LLC
Lieff, Cabraser, Heimann & Bernstein LLP
McCune Law Group
Team members included Lieff Cabraser’s Dean Harvey, Anne Shaver, and Jessica Moldovan and McCune Law Group’s Derek Brandt (now with Brandt Law) and Richard McCune.

In Re Suboxone Antitrust Litigation
Garwin Gerstein & Fisher LLP
Faruqi & Faruqi LLP
Hagens Berman Sobol & Shapiro LLP
Berger Montague PC
Odom & Des Roches LLC
Smith Segura Raphael & Leger LLP
The Radice Law Firm PC
Sperling & Slater LLP
Team members included Garwin Gerstein & Fisher LLP’s Bruce Gerstein, Noah Silverman and Kimberly Hennings; Faruqi & Faruqi LLP’s Peter Kohn and Joe Lukens; Hagens Berman Sobol & Shapiro LLP’s Thomas Sobol, Kristen Johnson and Jessica MacAuley; Berger Montague PC’s David Sorensen, Caitlin Coslett, Ellen Noteware and Richard Schwartz; Odom & Des Roches LLC’s Stuart Des Roches, Dan Chiorean, TJ Maas, and Caroline Hoffmann; Smith Segura Raphael & Leger LLP’s David Raphael, David Smith, Susan Segura and Erin Leger; The Radice Law Firm PC’s John Radice; and Sperling & Slater LLP’s David Germaine.

 

OUTSTANDING ANTITRUST LITIGATION ACHIEVEMENT IN ECONOMICS

In re Apple iPhone Antitrust Litigation
Rosa M. Abrantes-Metz, Ph.D., Berkeley Research Group
Team members included Dr. Minjae Song and the Brattle Group team and Dr. Albert Metz from Berkeley Research Group.

Federal Trade Commission v. IQVIA Holdings Inc. et al.
Kostis  Hatzitaskos, Ph.D., Cornerstone Research

House v. National Collegiate Athletic Association
Daniel A. Rascher, Ph.D., OSKR
Team members included OSKR’s Glenn Mitchell, Yi Wang, David Sanders, Andrey Tselikov, Maxine Brown, Andy Schwarz, Sofia Cervantes, Giseob Hyun, Luke Fahmy, Julia Tjan, Colin Weaver, Chloe Kidder, and Jenna Bonavia.

U.S. and Plaintiff States v. JetBlue Airways Corporation and Spirit Airlines, Inc.
Gautam Gowrisankaran, Ph.D., Columbia University and Cornerstone Research
The Cornerstone Research team included Brad Howells, Bob Majure, Chris Bruegge, and Nathaniel Hipsman.

 

OUTSTANDING ANTITRUST LITIGATION ACHIEVEMENT BY A YOUNG LAWYER

Henry, et al. v. Brown University, et al. 
Hope Brinn, Berger Montague PC

In Re European Government Bonds Antitrust Litigation
Patrick Rodriguez, Scott + Scott Attorneys at Law LLP

The Judging Committee for the 2024 Awards was comprised of:

• Co-Chair: Heidi Silton, Lockridge Grindal Nauen P.L.L.P.
• Co-Chair: Elizabeth T. Castillo, Cotchett, Pitre & McCarthy LLP
• Trish Conners, Stearns Weaver Miller Weissler Alhadeff & Sitterson
• Deborah Elman, Garwin Gerstein & Fisher LLP
• Christopher Le, BoiesBattin LLP
• Jamie McClave, McClave & Associates
• Philip Nelson, Secretariat Economists
• Elizabeth Pritzker, Pritzker Levine LLP
• Brian Rosewarne, applEcon
• Catherine Sung-Yun Smith, Gustafson Gluek PLLC
• Peggy Wedgworth, Milberg Coleman Bryson Phillips Grossman, PLLC

The American Antitrust Institute (AAI) is pleased to announce Pamela Gilbert as the 2023 inductee to the Private Antitrust Enforcement Hall of Fame. She will be honored at AAI’s Private Antitrust Enforcement Conference Luncheon at 12:30 pm on November 2, 2023 in Washington, DC. Former Federal Trade Commission Chairman Jon Leibowitz and Lieff Cabraser’s Lin Y. Chan will introduce Gilbert as part of the Hall of Fame induction.

Gilbert is one of the leading advocates for strong enforcement of the antitrust laws in Washington, DC where she works to preserve access to the civil justice system for both individuals and businesses. She represents a wide variety of clients before Congress, the executive branch, and regulatory agencies. With more than 35 years of experience in advocacy work, she has testified more than 50 times and has made dozens of appearances in the national media.

“Pam has probably done more than anyone else in the country working behind the scenes to strengthen and protect enforcement of the antitrust laws,” said Joshua P. Davis, a shareholder at Berger Montague and Research Professor at UC Law San Francisco. “No one else could be simultaneously so relentless and so delightful. Everyone welcomes the chance to talk to her. That has made her uniquely effective in getting legislators to protect our free markets and champion the ordinary people who struggle every day to buy food and medicines and to earn a living wage. We are all deeply in debt to her resolve, charm, and deft touch.”

Gilbert has been the Chair of the American Antitrust Institute’s Board of Directors since 2017. She has served on AAI’s Board of Directors since 2010. AAI Acting President Kathleen Bradish noted, “Pam has helped AAI achieve sustainability while becoming the leading voice of progressive competition enforcement and policy. We are delighted to induct her into the AAI Private Enforcement Hall of Fame.”

Gilbert is a named partner in Cuneo Gilbert & LaDuca, LLP and has decades of experience in consumer advocacy in Washington, DC. She is the former Executive Director of the U.S. Consumer Product Safety Commission (CPSC). Gilbert also sits on the board of the National Consumers League. She headed up the transition team for the CPSC for President Obama. Gilbert today serves as the Executive Director of the Committee to Support the Antitrust Laws (COSAL) where she has led successful efforts to preserve the Antitrust Criminal Penalty Enhancement and Reform Act (ACPERA) that provide reduced damages for antitrust violators who provide full and timely cooperation to private plaintiffs.

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.

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

Join us for a day of insightful discussions and networking at AAI’s 17th Annual Private Antitrust Enforcement Conference. This year’s conference bring together experts and thought-leaders from across the antitrust community, including enforcement, advocacy, and academia. View the full agenda and register here.

Conference Details:
November 2, 2023
9:30am – 4:45pm
National Press Club (529 14th Street NW, Washington, DC 20045)
The conference will be followed by AAI’s Antitrust Awards Night 2023 at Hamilton Live, located at 600 14th Street, N.W., Washington, DC 20005.

Registration Pricing for 2023 Conference & Awards Night:
Conference & Awards: $600
Conference Only: $300
Awards Only: $300
Government/Academic Conference Only: $200
Media Conference Only: $0
Advisory Board/Guest/Sponsor Conference and Awards: $0

Speaker Line-Up:
Swathi Bojedla, Hausfeld
Hope Brinn, Berger Montague PC
Matthew L. Cantor, Constantine Cannon LLP
Eric L. Cramer, Berger Montague PC
Jamie Crooks, Fairmark Partners, LLP
Joshua P. Davis, Berger Montague PC
Karma M. Giulianelli, Bartlit Beck LLP
Brendan Glackin, Lieff Cabraser Heimann & Bernstein LLP
Dean M. Harvey, Lieff, Cabraser, Heimann & Bernstein, LLP
Jay L. Himes, New York State Office of the Attorney General
Zachary Krowitz, Cohen Milstein
Robert H. Lande, University of Baltimore School of Law
Amanda G. Lewis, Cuneo, Gilbert & LaDuca LLP
Doha Mekki, U.S. Department of Justice Antitrust Division
Chip Nierlich, U.S. Department of Justice Antitrust Division
Ann O’Brien, Sheppard Mullin
Carol O’Keefe, Korein Tillery
Leslie E. Schafer, Ph.D., Econ One Research, Inc.
Dena Sharp, Girard Sharp
Heidi M. Silton, Lockridge Grindal Nauen P.L.L.P.
Christopher Young, Joseph Saveri Law Firm