19th AAI Annual Private Antitrust Enforcement Conference

Young Lawyers Breakfast - Holeman Lounge

Moderator:
Joshua P. Davis, Shareholder, Berger Montague

Panelists:
Izaak Earnhardt, Associate, Boies Schiller Flexner LLP
Gabriella Kolb, Gustafson Gluek PLLC
Matt Summers, Associate, Berger Montague

Conference Attendee Continental Breakfast

Welcome and Overview

Eric Cramer, Chairman, Berger Montague
Joshua P. Davis, Shareholder, Berger Montague

Tribulations of Antitrust Trials

The past year has seen a spate of blockbuster antitrust trials involving private parties. This panel will focus on what can be learned about litigating antitrust cases by going through the gauntlet of trial. Panelists will draw on their recent experiences to identify lessons and insights for drafting complaints, conducting discovery, presenting expert opinions, and bringing and winning antitrust cases more generally.

Moderator:
Joshua P. Davis, Shareholder, Berger Montague

Panelists:
Nicholas Goldberg, Partner, Keker, Van Nest & Peters LLP
Derek T. Ho, Partner, Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.
Annamaria M. Morales-Kimball, Associate, Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.

Monopoly Soup or Monopoly Salad?

Plaintiffs bringing monopolization claims under Section 2 of the Sherman Act often allege that a defendant’s course of conduct involving multiple separate restraints, viewed holistically, establishes a violation. How should litigants allege and prove a course-of-conduct or “scheme” claim, and what are the risks and benefits of bringing such a claim? Panelists will discuss recent and ongoing cases, their treatment by the courts, and what litigants should consider when planning and developing course-of-conduct theories.

Moderator:
Randy Stutz, President, American Antitrust Institute

Panelists:
Eric Cramer, Chairman, Berger Montague
Natasha J. Fernández-Silber, Partner, Edelson PC
Daniel H. Silverman, Partner, Cohen Milstein

Networking Break - Holeman Lounge

Luncheon and Hall of Fame Presentation

Randy Stutz, President, American Antitrust Institute

Statistics for Antitrust Lawyers

Statistics and econometrics are often key to winning an antitrust case. But how are they best used, and what are the strengths and pitfalls of different approaches? This panel will present a mock direct and cross examination of one or more economic experts to illustrate the primary econometric methods used in antitrust cases and how best to explain them to a judge and jury. Panelists will explore multiple regression models, in-sample modeling, correlation analyses, and other techniques.

Moderator:
Joshua P. Davis, Shareholder, Berger Montague

Panelists:
Jamie McClave, CEO, McClave + Associates
Dean M. Harvey, Partner, Lieff, Cabraser, Heimann & Bernstein, LLP
Hal Singer, Managing Director, EconOne

Break

The Antitrust Violations Under our Noses

From the NCAA’s prohibitions on paying athletes to the National Association of Realtors’ broker rules to the organization of Blue Cross Blue Shield entities, recent cases have successfully challenged long-standing antitrust violations that went unscrutinized or unaddressed for decades. What explains these developments, and what other antitrust violations might be hiding under our noses? Panelists will discuss antitrust violations that took years to challenge successfully in court, and lessons that can be learned from how the antitrust laws and enforcement have evolved over time.

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

Panelists:
Doha Mekki, Former Acting United States Assistant Attorney General, U.S. DOJ Antitrust Division
Christopher Renner, Partner, Dhillon Law Group
Steve Shadowen, Partner, Hilliard Shadowen LLP

Closing Remarks

Eric Cramer, Chairman, Berger Montague
Joshua P. Davis, Shareholder, Berger Montague

Adjourn

Cocktail Reception at Hamilton Live

Cocktail Hour sponsored by Rust Consulting

Awards Dinner at Hamilton Live