15th Annual Private Antitrust Enforcement Conference

Continental Breakfast

Welcome and Overview

Eric L. Cramer, Chairman, Berger Montague PC

Joshua P. Davis, Professor and Director of the Center for Law and Ethics, University of San Francisco School of Law

Antitrust and Diversity, Equity, and Inclusion in the Plaintiffs’ Antitrust Bar

The question of who is prosecuting antitrust violations can impact both the types of violations being prosecuted and the outcomes of those prosecutions. In MDL leadership appointments, only about 9% of appointments between 2016 to 2019 went to attorneys of color and men were five times more likely to be appointed to MDL leadership positions than women. This panel will explore the state of diversity, equity, and inclusion in the plaintiffs’ antitrust bar, how we can support more attorneys from diverse backgrounds within our practices, and whether antitrust enforcement can be used as a tool for combating systemic racism and sexism.

Moderator:
Lin Y. Chan, Partner, Lieff Cabraser Heimann & Bernstein, LLP

Panelists:
Anupama Reddy, Associate, Joseph Saveri Law Firm

The Hon. Cynthia M. Rufe, Eastern District of Pennsylvania

Heidi M. Silton, Partner, Lockridge Grindal Nauen P.L.L.P.

BREAK

Class Certification in Antitrust Cases: All or Nearly All?

The recent oral argument before the Ninth Circuit en banc in the packaged tuna antitrust class litigation raised a series of issues with which courts, counsel, and commentators have long struggled. One of them is whether the Rule 23(b)(3) predominance requirement places a limit on the percentage of uninjured members a class can contain. Another is whether a court must resolve disputes between plaintiffs’ and defendants’ experts about the percentage of class members that is uninjured. Yet another is the burden of proof on plaintiffs at class certification in regard to the percentage of class members that is uninjured. These same issues also potentially arise in regard to Article III standing. The panel will discuss these doctrinal issues as well as the econometrics on which experts typically rely in dealing with them.

Moderator:
Joshua P. Davis, Professor and Director of the Center for Law and Ethics, University of San Francisco School of Law

Panelists:
Caitlin G. Coslett, Shareholder, Berger Montague PC

Jennifer L. Giordano, Partner, Latham & Watkins, LLP

Jamie McClave Baldwin, President, Infotech Consulting

LUNCH/BREAK

In person attendees will enjoy a networking luncheon.  Webcast attendees will have a 1.25 hour break.

Breakfast, Lunch, and Dinner: A Spotlight on Antitrust in the Protein Industry

Since 2016, meat processors in the beef, chicken, pork, and turkey industries have been skewered by antitrust litigation arising out of alleged collusion, including alleged anticompetitive information sharing. Years after the private plaintiffs’ suits were first filed, the Department of Justice eventually brought a criminal action in the broiler chicken industry, though most industry suits involve private plaintiffs alone. In many of these actions, direct and indirect purchasers seek overcharge damages, while in others, farmers or processing plant workers seek recompense for alleged pay suppression. These cases have drawn substantial attention from direct action or “opt out” plaintiffs including major grocery store chains, quick service food restaurants, and retail giants like Walmart. The panel will discuss similarities and differences among the various cases as well as their broader implications for private enforcement. This includes a renewed focus on information sharing among horizontal competitors in the era of big data as either standalone Section 1 violations or as facilitating practices for broader price or wage fixing conspiracies.

Moderator:
Gary I. Smith Jr., Partner, Hausfeld

Panelists:
Peter C. Carstensen, Fred W & Vi Miller Chair in Law Emeritus, University of Wisconsin Law School

Dai Wai Chin Feman, Director of Commercial Litigation Strategies, Parabellum Capital LLC

Brian D. Clark, Partner, Lockridge Grindal Nauen P.L.L.P.

Ellen Meriwether, Partner, Cafferty Clobes Meriwether & Sprengel LLP

New Antitrust Legislative Developments: Possibilities & Risks

With the Biden Administration’s focus on promoting competition, legislative proposals to reform the antitrust laws are getting a lot of attention. But approaches differ significantly, ranging from Senator Klobuchar’s more comprehensive proposed reforms to strengthen and clarify the laws, to the package of House bills that targets the digital technology sector, and specific players in it. These proposals raise key questions about possible changes in the dynamics of public enforcement, ranging from application of standards, to burden shifting, deterrence, and the use of antitrust agency resources. This panel gets ahead of potential legislative outcomes by asking how possible legislative changes in public antitrust enforcement are likely to impact private enforcement, with a focus on strategy, risk, and implications for the public-private enforcement partnership.

Moderator:
Diana L. Moss, President, American Antitrust Institute

Panelists:
Seth Bloom, President and Founder, Bloom Strategic Counsel, PLLC

Pamela Gilbert, Partner, Cuneo Gilbert & LaDuca LLP

Matthew Wessler, Principal, Gupta Wessler PLLC

Closing Remarks

Diana Moss, President, American Antitrust Institute

Cocktail Reception at Hamilton Live

Cocktail Hour is sponsored by Rust Consulting and Kinsella Media

Awards Dinner at Hamilton Live