Defending a Private Civil Class Action Price-Fixing Lawsuit: Best Practices for a New Decade

Private antitrust class actions have been on the rise for many years. No matter which political party controls the reins of power, the DOJ and the FTC continue to investigate alleged collusive behavior between competitors in every industry -- and, as day follows night, private civil class action suits seeking treble damages (and attorneys' fees) for violations of the Sherman Act are sure to follow. Any government investigation, even those not resulting in charges or convictions, resulting in a rush to the courthouse by an ever-increasing number of plaintiffs' lawyers in small firms and large, working on a contingency fee basis (made even easier of late by the increase in third-party funders).

What's an in-house lawyer to do to protect the company from these lawsuits in 2020 and beyond?

This one-hour presentation will give you a clear outline of the steps to take to ensure your best defense strategy. It will discuss different types of anti-competitive allegations, from bid-rigging to price-fixing and supply restriction, to anti-poaching agreements (among others), and how to defend against each. Join Melissa Maxman, a former federal prosecutor and the Managing Partner of the Washington, D.C. office of Cohen & Gresser LLP, as she describes a practical list of best practices to counsel your clients through private antitrust class action lawsuits as painlessly as possible. 

Learning Objectives:

1. Review recent private civil enforcement class actions in U.S. antitrust law

2. Discuss key takeaways for antitrust practitioners defending such lawsuits 

3. Identify how best to counsel your clients through the antitrust litigation process