17th AAI Annual Private Antitrust Enforcement Conference

Young Lawyers Breakfast

Moderator:
Joshua P. Davis, Shareholder, Berger Montague

Panelists:
Hope Brinn, Associate, Berger Montague
Zachary Krowitz, Associate, Cohen Milstein
Christopher Young, Partner, Joseph Saveri Law Firm

Continental Breakfast

Welcome and Overview

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

A New Era of Cartelization? Algorithmic Antitrust and the Role of Artificial Intelligence

AI is playing a growing role in all areas of society, including gaming and protecting the markets. Private parties have brought class actions against companies like Realpage, and others, for allegedly orchestrating cartels through digital mechanisms. Antitrust enforcers are looking to AI to monitor and establish antitrust violations. This panel will discuss the future of AI and antitrust.

Moderator:
Joshua P. Davis, Shareholder, Berger Montague

Panelists:
Swathi Bojedla, Partner, Hausfeld
Jay L. Himes, Special Litigation Counsel & Antitrust Bureau Chief, New York State Office of the Attorney General
Ann O’Brien, Partner, Sheppard Mullin
Dena Sharp, Partner, Girard Sharp

Break

Monopolizing Hospital Markets

In the wake of the Sutter case settlement, multiple antitrust class actions have been brought by insureds and insurance plans against hospitals. Allegations of exclusionary practices, such as anti-steering, anti-tiering, and tying are front and center as means to monopolize markets and inflate prices. This panel will explore the future private antitrust cases in the healthcare space.

Moderator:
Jamie Crooks, Co-Founder, Fairmark Partners, LLP

Panelists:
Matthew L. Cantor, Partner, Constantine Cannon LLP.
Leslie E. Schafer, Ph.D., Managing Director, Econ One Research, Inc.
Emilio Varanini, Supervising Deputy Attorney General at Healthcare Rights and Access Section, Public Rights Division, California Office of the Attorney General (invited)

Networking Break

Luncheon and Hall of Fame Presentation

AAI Updates
Kathleen W. Bradish, Acting President, American Antitrust Institute

Private Antitrust Enforcement Hall of Fame Presentation

Merger Guidelines and Private Enforcement: A Chat with Doha Mekki

Eric Cramer, Chairman, Berger Montague

Doha Mekki, Principal Deputy Assistant Attorney General, U.S. Department of Justice Antitrust Division

Panel Discussion of Draft DOJ/FTC Merger Guidelines: Useful for Private Enforcement?

On July 19, 2023, the FTC and DOJ published Draft Merger Guidelines that, if adopted, would replace both the 2010 Horizontal Merger Guidelines and the DOJ’s 2020 Vertical Merger Guidelines (which were rescinded by the FTC in 2021). The Draft Guidelines reflect these agencies’ current view toward a more aggressive approach to merger enforcement. The panelist will review the guidelines and discuss what they portend for private antitrust enforcement?

Moderator:
Robert H. Lande, Emeritus Professor, University of Baltimore School of Law

Panelists:
Dean M. Harvey, Partner, Lieff Cabraser Heimann & Bernstein, LLP
Amanda G. Lewis, Attorney, Cuneo, Gilbert & LaDuca LLP
Chip Nierlich, Acting Deputy Director Of Civil Enforcement, U.S. Department of Justice Antitrust Division

Big Tech: Antitrust Lessons from the Battlefield

Multiple antitrust class actions are pending against Google, Apple, Facebook, Amazon, and more. Panelists will review the status and trajectories of these cases and what private enforcers learning from their federal and state counterparts in bringing and litigating big tech cases.

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

Panelists:
Brendan Glackin, Partner, Lieff Cabraser Heimann & Bernstein LLP
Carol O’Keefe, Partner, Korein Tillery
Karma M. Giulianelli, Partner, Bartlit Beck LLP

Adjourn

Cocktail Reception at Hamilton Live

Cocktail Hour is sponsored by Rust Consulting/Kinsella Media

AAI Awards Night at Hamilton Live