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AAI Hosted Event
What Constitutes Illegal Price Fixing? A Discussion Among Experts on Tightening Judicial StandardsLearn More
Private enforcers have been remarkably effective in obtaining restitution for victims of anticompetitive abuse. But, Section 1 cases are becoming more difficult to bring and win due, among other factors, to the increased difficulty of certifying a class and a tightening of judicial standards on what constitutes illegal price fixing. For example, circumstantial evidence of price increases, pled with “plus factors,” may not be sufficient in many courts to constitute a violation without pleading additional facts, such as direct evidence of a conspiracy. The central focus of this trend is judicial interpretation of what distinguishes independent decision-making by companies that simply takes rivals’ actions into account from conduct that is impossible without illegal collusion. As an important line of defense against harmful collusion in increasingly highly concentrated markets, any weakening of Section 1 poses serious concerns.
On Wednesday, July 8, the American Antitrust Institute brings together four experts to explore the issues that are central to this debate, discuss key cases, and offer insights of enforcement moving forward. Register here by by clicking the Learn More button.
Ellen Meriwether – Partner, Cafferty Clobes Meriwether & Sprengel LLP
Andrew I. Gavil – Professor of Law, Howard University School of Law
Daniel C. Hedlund – Member, Gustafson Gluek PLLC
Hollis Salzman – Partner, ROBINS KAPLAN LLP
Laura Alexander – Vice President of Policy, American Antitrust Institute
This program is hosted by Rust Consulting/Kinsella Media.
CLE credit will be available.