Private Antitrust Litigation on the Rise
Strategies for Addressing Parallel Proceedings, Defending Claims, and Minimizing Damages
Recording of a 90-minute CLE webinar with Q&A
This CLE course will review the current state of private antitrust litigation, the courts' treatment of Twombly pleading requirements, and emerging litigation trends. The panel will outline effective strategies for defenses and remedies — and how to minimize the risks of private antitrust litigation.
Outline
- Litigation strategies
- Based on vertical conduct
- Based on horizontal conduct
- Pleading requirements post Twombly
- Class actions
- Unique issues when parallel proceedings
- Defenses
- Pass on
- In pari delicto
- Unclean hands
- Best practices
- Remedies
- Actual damages
- Injunctive relief
- Contribution
- Mitigation of damages
- Strategies to minimize antitrust risk
Benefits
The panel will review these and other key questions:
- What types of antitrust matters are subject to private litigation?
- What are the recent developments in private antitrust litigation?
- What key issues arise when private litigation is a follow-on to a government investigation and results in parallel proceedings?
- What strategies can companies and counsel employ to minimize the risk of private antitrust litigation?
Faculty
William L. Monts
Partner
Hogan & Hartson
He focuses on antitrust and complex litigation matters in various aspects of the petroleum industry. He represents... | Read More
He focuses on antitrust and complex litigation matters in various aspects of the petroleum industry. He represents clients in major cases alleging price-fixing, market allocation, and unlawful price discrimination. He also counsels clients in a variety of industries concerning the application of federal and state antitrust laws.
CloseJeffrey Blumenfeld
Partner
Crowell & Moring
He specializes in antitrust and other complex litigation, and competition issues facing technology companies, including... | Read More
He specializes in antitrust and other complex litigation, and competition issues facing technology companies, including at the intersection of intellectual property and competition law. He also handles cartel investigations and trials and has significant antitrust experience in counseling, litigation and trial of both civil and criminal antitrust matters.
CloseC. Fairley Spillman
Partner
Akin Gump Strauss Hauer & Feld
She focuses on complex antitrust and energy matters, representing companies in private antitrust litigation and before... | Read More
She focuses on complex antitrust and energy matters, representing companies in private antitrust litigation and before government agencies. Her practice also includes litigation and counseling regarding actions of the federal government. She has served as vice chair of the ABA antitrust section's fuels and energy committee.
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