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Rivals, suppliers, distributors and customers have always faced the prospect of retaliation by the dominant companies whose practices they challenge. So have whistleblowers and witnesses in antitrust cases. But in an economy increasingly populated by monopolies, oligopolies, and platforms that serve as gatekeepers for entire industries, fear of losing access to markets, key contracts, or even one’s livelihood has never posed a greater threat to healthy competition and sound antitrust enforcement.
This AAI competition roundtable, The Darkest Side of Rising Concentration: Fear and Retaliation in Antitrust, will focus on the implications of the problem of fear and retaliation in bringing and litigating public and private antitrust cases. Experts will discuss how threats posed by dominant firms and oligopolies shape the business behavior of rivals, partners, and customers and explore the dynamics that make fear and retaliation an increasingly potent concern for antitrust enforcement.
The discussion will conclude by examining strategies and policy tools for overcoming the obstacle to effective antitrust enforcement posed by fear and retaliation, especially in regard to protecting plaintiffs and witnesses. This includes how public and private antitrust enforcement and regulatory policy can work together through increased coordination, rulemaking authority, and legislative action to provide a pathway for plaintiffs and witnesses to come forward with evidence of antitrust violations, without risking their livelihoods and their businesses.
This conference is approved by the Pennsylvania Continuing Legal Education Board for 1.5 CLE credit hours. Conference attendees will receive a Certificate of Attendance. If you are a Pennsylvania attorney, apply for CLE credits here after the roundtable. Please read about AAI’s CLE procedures here.
Refunds for registration, minus a $50.00 processing fee, will be granted for all requests received 10 calendar days prior to the event. Refund requests must be sent in writing to firstname.lastname@example.org. Refund requests made within 10 days of the event will not be honored.
**This event will be broadcast live only and not available as a recording .**
AAI events are made possible by our 2021 Annual Sponsors.
The following organizations were represented:
- ABA Antitrust IP Committee
- American Antitrust Institute
- American Independent Business Alliance
- Bates White Economic Consulting
- Bloomberg Law
- California Department of Justice, Office of the Attorney General
- Cohen Milstein
- Constantine Cannon
- Consumer Reports
- CQ/Roll Call
- Cuneo Gilbert & LaDuca LLP
- Don Resnikoff Law
- Federal Energy Regulatory Commission
- Freed Kanner London & Millen LLC
- Freedman Goldberg
- Gibbs Law Group
- Global Competition Review
- Grant & Eisenhofer PA
- House Committee on the Judiciary
- Lieff Cabraser Heimann & Bernstein
- Lockridge Grindal Nauen P.L.L.P.
- NYU Stern School of Business
- Office of the New York Attorney General
- Robins Kaplan LLP
- Skadden Arps LLP
- TIG Funds
- Travelers United
- UC Irvine School of Law
- UC Santa Barbara
- University of Baltimore School of Law
- University of San Francisco School of Law
- Wayne State University
Welcome and Overview
Diana Moss, President, American Antitrust Institute
- Diana Moss, President, American Antitrust Institute
- Randy Stutz, Vice President Advocacy, American Antitrust Institute
- Slade Bond, Chief Counsel, Subcommittee on Antitrust, Commercial, and Administrative Law, House Committee on the Judiciary
- Dan McCuaig, Partner, Cohen Milstein
- Derek Peebles, Executive Director, American Independent Business Alliance
- Ann M. O’Brien, Partner, Baker & Hostetler LLP
- Grant Petrosyan, Associate, Constantine Cannon
Ann M. O’Brien
Vice President of Legal Advocacy