Articles: The Antitrust Litigator's Corner
Persuasive Brief Writing in Antitrust Cases: How to Win the Paper War
By Douglas F. Broder
Antitrust trials are fast becoming an endangered species. Antitrust civil cases, with their treble damages and fee shifting, have historically been less likely than the typical federal court case to go to trial. Now, fewer and fewer federal civil cases of any kind are going to trial. For example, in 2006, only 1.3 percent of federal civil cases ended in trials, down from 11.5 percent in 1962.
By Amanda P. Reeves and Eric J. McCarthy
In 1977, the United States Supreme Court held in Illinois Brick Co. v. Illinois, 431 U.S. 720, 735 (1977), that direct purchasers are the only parties “injured” in a manner that permits them to recover damages under Section 4 of the Clayton Act. Since that time, courts have repeatedly affirmed that Illinois Brick delineates a bright-line rule that poses an absolute bar to damage claims by indirect purchasers. Illinois Brick, however, does not preclude indirect purchasers from pursuing injunctive relief under Section 16 of the Clayton Act.
Voir Dire in the Antitrust Case
By Jeffrey August Beaver
As a commercial litigator, Jeffrey Beaver has been called upon to try various
complex antitrust cases in the past. He’s used the knowledge gained from
these cases to effectively voir dire the antitrust jury. Lawyers with this skill
gain many advantages for their clients.
Trying a Complex Antitrust Case in Stereo: Making the Appellate Record While Persuading the Jury
By Gregory Huffman
Trying a tedious antitrust case is like recording a performance in stereo. On
one track are the stories and themes which warm the heart and interest the
mind. The other track is for the factual details and technical and legal
explanations one needs when the case is challenged legally during trial and
on appeal.
Trying an Antitrust Class Action
By Jerry L. Beane
The title got your attention, right? Surely it must be a misprint. No antitrust
class action cases are tried! Like every generalization, however, there are
exceptions. Antitrust class actions are sometimes tried. This article draws
upon personal experiences in trying antitrust class actions in both federal
and state courts. Although focused on the defense of an antitrust class action,
hopefully the article will also be of interest and assistance to lawyers prosecuting
a class action. Furthermore, the suggestions in this article are not limited
to antitrust class actions. They apply to the trial of any type of class action.
Trial Fundamentals and Courtroom Strategies for the Civil Antitrust Attorney
By Thomas J. Horton
Today, the Antitrust Division, the Federal Trade Commission and state Attorneys
General are suing aggressively to block mergers in courtrooms throughout the
United States. At the same time, deregulated industries are facing consumer
antitrust class actions seeking billions of dollars in potential treble damages,
while successful companies like Microsoft and Intel find themselves trying “bet
the company” Sherman Act Section 2 monopolization claims. The stakes
today in antitrust could not be higher!
