18th AAI Annual Private Antitrust Enforcement Conference

Young Lawyers Breakfast

Moderator:
Joshua P. Davis, Shareholder, Berger Montague

Panelists:
Abou B. Amara, Associate, Gustafson Gluek PLLC
Najah A. Jacobs, Associate, Berger Montague
Daniel Gifford, Associate, Cohen Milstein

Continental Breakfast

Welcome and Overview

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

The Conservative Case for Private Antitrust Enforcement

Influential conservative voices in practice and academia have argued that incentivizing private parties and their counsel to enforce the antitrust laws is consistent with conservative values both because competitive markets are fundamental to economic freedom and prosperity, but also because putting the enforcement power in private hands is superior to empowering a strong regulatory state.

Moderator:
Pamela Gilbert, Partner, Cuneo, LaDuca & Gilbert

Panelists:
Brian Fitzpatrick, Professor of Law, Vanderbilt University
Ashley Keller, Partner, Keller Postman LLC
Joshua Kleinfeld, Rouse Chair of Law and Director, Boyden Gray Center, George Mason University Antonin Scalia Law School

Break

The Progressive Case for Private Antitrust Enforcement

Progressives have long championed not only the importance of using the antitrust laws to push back against entrenched corporate power on behalf of consumers and workers, but also the benefit of empowering private parties to seek redress for those injured by the abuse of market power where the government has chosen not to act or as a supplement to governmental enforcement.

Moderator:
Randy Stutz, President, American Antitrust Institute

Panelists:
Sally Hubbard, Senior Counsel to the AAG, U.S. Department of Justice Antitrust Division
Matt Stoller, Director of Research, American Economic Liberties Project
Sandeep Vaheesan, Legal Director, Open Markets Institute

Progressive v. Conservative Cases for Private Antitrust Enforcement

Discussants will react to the conservative and progressive cases for private antitrust enforcement presented during the morning panels. Among other things, they will explore what can be learned from the respective approaches, key areas of agreement and disagreement, and prospects for cohesive advocacy and policymaking in this area.

Joshua P. Davis, Shareholder, Berger Montague
Deepak Gupta, Founding Principal, Gupta Wessler LLP

Networking Break

Luncheon

State of AAI
Randy Stutz, President, American Antitrust Institute

Private Antitrust Enforcement Hall of Fame Induction
Presented by Kit Pierson, Of Counsel, Cohen Milstein
Acceptance by Daniel A. Small, Of Counsel, Cohen Milstein

Developments in Private Antitrust Enforcement in Sports

Professional and college athletics are perpetually interesting to antitrust lawyers and economists because of the unique way they weave together competitive and cooperative relationships. But lately the sports world has been even more of an antitrust hotbed than usual. Panelists will take stock of the current litigation landscape, unpack key strategic issues facing private litigants, and explore the implications of major pending cases for leagues, teams, conferences, universities, broadcasters, athletes, and fans.

Moderator:
Karin Garvey,  Partner,  Scott+Scott

Panelists:
Amanda Bonn, Partner, Susman Godfrey L.L.P.
Daniel Rascher, University of San Francisco and OSKR
Katherine Van  Dyck, Attorney Advisor, Federal Trade Commission

Break

Common Pitfalls in Antitrust Class Certification: A Game Show

The last panel of the day will be a highly interactive exploration of issues and arguments that arise at class certification in antitrust cases. The moderator will walk through a hypothetical proposed antitrust class action, providing a brief background and describing a series of developments, one at a time; for each development, two or three audience members will volunteer to explain how they would respond as a plaintiff or defense attorney; for each development, the panelists will evaluate the audience member comments and pick a “winner,” who will receive a prize; and the process will repeat itself, culminating in a particularly large prize for the audience member who provided the most insightful analyses of the day!

Moderator:
Joshua P. Davis, Shareholder, Berger Montague

Panelists:
Eric Cramer, Chairman, Berger Montague
Karen M. Lent, Partner, Skadden, Arps, Slate, Meagher & Flom LLP

Adjourn

Cocktail Reception at Hamilton Live

Cocktail Hour sponsored by Rust Consulting

Awards Dinner at Hamilton Live