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.
Moderators:
- Diana Moss, President, American Antitrust Institute
- Randy Stutz, Vice President Advocacy, American Antitrust Institute
Panelists:
- 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
