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On Monday, December 10, 2007, the American Antitrust Institute hosted an Invitational Symposium on the Future of Private Antitrust Enforcement in Washington D.C. The symposium featured the release of a study by Professors Robert Lande and Joshua Davis that documented 40 successful private actions that returned from $18 to $20 billion in cash to consumers and other victims of antitrust violations. Other highlights of the symposium included a debate over proposed reforms to the Illinois Brick rule, a panel on other recommendations by the Antitrust Modernization Commission, a panel on the Twombly and Daubert cases, and an address by Max Blecher.
The Symposium was presented with support from:
- Berger & Montague, P.C.
- Cohen, Milstein, Hausfeld & Toll
- Coughlin Stoia Geller Rudman & Robbins LLP
- Kaplan Fox &; Kilsheimer
- Lieff, Cabraser, Heimann & Bernstein, LLP
Welcome and Introduction
Bert Foer, President, American Antitrust Institute
The Benefits of Private Enforcement
Moderator:
Bert Foer, President, American Antitrust Institute
Panelists:
Robert Lande, Venable Professor of Law, University of Baltimore; AAI Director
Joshua P. Davis, Professor and Director, Center for Law and Ethics, University of San Francisco School of Law
Joseph Bauer, Professor of Law, University of Notre Dame Law School
John E. Schmidtlein, Partner, Williams & Connolly LLP
The Future of Direct and Indirect Purchaser Actions Debate: Is the AMC's Proposal for Altering Antitrust Direct and Indirect Purchaser Standing Rules Radically Necessary or Radically Destructive?
Moderator:
Robert A. Skitol, Partner, Drinker Biddle & Reath LLP; AAI Director
Jonathan Jacobson, Partner, Wilson Sonsini Goodrich & Rosati
Eric L. Cramer, Shareholder, Berger & Montague, P.C.
The Future of Treble Damages, Joint & Several Liability, Contribution, Claims Reduction, and Prejudgment Interest
Moderator:
Daniel A. Small, Partner, Cohen Milstein Hausfeld & Toll PLLC
Panelists:
Joshua P. Davis, Professor and Director, Center for Law and Ethics, University of San Francisco School of Law
Joseph R. Saveri, Partner, Lieff Cabraser Heimann & Bernstein, LLP
George G. Gordon, Partner, Dechert LLP
Luncheon Speaker
Maxwell M. Blecher, Partner, Blecher & Collins
Elevated Standards of Proof and Pleading: Implications of Twombley and Daubert
Moderator:
Stephen Ross, Professor, Penn State University Dickinson School of Law
Panelists:
Beth Farmer, Professor, Penn State Dickinson School of Law
James Langenfeld, Director, LECG
Richard J. Kilsheimer, Partner, Kaplan Fox & Kilsheimer LLP
John E. Schmidtlein, Partner, Williams & Connolly LLP
Facilitated Discussion: Where Do We Go From Here?
Bert Foer, President, American Antitrust Institute