AAI Launches Jury Instruction Project

Appointment of Professor Joshua Davis as Reporter Announced at AAI’s 5th Annual Future of Private Antitrust Enforcement Conference

WASHINGTON, DC (December 7, 2011) – American Antitrust Institute (AAI) President Bert Foer today announced the creation of a new jury instruction project during the AAI’s 5th Annual Future of Private Antitrust Enforcement Conference.

“In Sherman Act Section 1 and Section 2 civil cases, judges tend to gravitate towards the ABA Model Instructions as the gold standard for impartial instructions,” said Foer. “The AAI believes the ABA model instructions are, in some situations, confusing, out of date, or do not adequately effectuate the goals of the antitrust laws. To provide an alternative, the AAI will develop a set of jury instructions that can be widely disseminated to lawyers and judges.”

The first edition, targeted for 2013, anticipates covering such topics as:
• Market Power
• Illinois Brick
• Monopolization
• Efficiency defense
• Sec. 1 Rule of Reason

The overall Reporter will be Professor Joshua P. Davis of the University of San Francisco Law School, an expert in civil procedure issues relating to antitrust. A committee of AAI Advisory Board members will work with Professor Davis. When completed, the jury instructions will be readily available both in paper and electronic form. They will include narrative discussion to support the recommendations being offered.

About the American Antitrust Institute
The American Antitrust Institute is an independent non-profit education, research and advocacy organization. Since its formation in 1998, the AAI's mission has been to increase the role of competition, assure that competition works in the interests of consumers, and challenge abuses of concentrated economic power in the American and world economy. To learn more about the AAI, please visit www.antitrustinstitute.org.

Bert Foer (202) 276-6002
Josh Davis (415) 422-6223