Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Thursday, November 6, 2008

Future of Private Antitrust Enforcement Invitational Symposium

Posted b y D. Daniel Sokol

The American Antitrust Institute presents

Future of Private Antitrust Enforcement Invitational Symposium
December 11, 2008 - December 11, 2008

On Thursday, December 11, 2008, the American Antitrust Institute will host its second annual Invitational Symposium on the Future of Private Antitrust Enforcement.  The event will take place in the Holeman Lounge of the National Press Club in Washington D.C. Several prominent antitrust lawyers and academics will discuss and debate a variety of topical issues and judicial developments pertaining to private enforcement. A complete agenda follows, or download the agenda here.


There is no cost for the program, but it is an invitational event with limited seating. If you have received an email invitation and wish to register, please complete the registration form at before Monday, November 24, 2008. If you would like to request an invitation, please email


Information about the speakers for this event is available here.


9:00 a.m. – Welcome

Bert Foer, President, American Antitrust Institute

9:30 a.m. - New Information on the Deterrent Effects of Private Enforcement

An update on the AAI's 2007 Report on the benefits of private enforcement.

Robert Lande, Venable Professor of Law, University of Baltimore; AAI Director

9:45 a.m. – Restoring the Legitimacy of Private Enforcement: A Discussion of the AAI’s Transition Report

A discussion of the major recommendations of the Private Enforcement chapter from The Next Antitrust Agenda: The American Antitrust Institute’s Transition Report on Competition Policy to the 44th President of the United States. The chapter and recommendations are now available here.


Richard Brunell, AAI Director of Legal Advocacy; Adjunct Professor of Law, Boston College Law School


Jonathan Cuneo, Partner, Cuneo Gilbert & LaDuca

Einer R. Elhauge, Petrie Professor of Law, Harvard Law School

The Hon. J. Thomas Rosch, Commissioner, Federal Trade Commission

10:45-11:00 BREAK

11:00 a.m. – Action on the Class Action Front: A Potpourri

Harvard Law School’s David Rosenberg, author of "Mandatory-Litigation Class Action: The Only Option for Mass Tort Cases,” will provide an overview of recent challenges to class certification. The panel discussion will also consider a variety of topics relating to class actions


David Rosenberg, Lee S. Kreindler Professor of Law, Harvard Law School


Joseph Bruckner, Partner, Lockridge Grindal Nauen PLLP

Vince Esades, Partner, Heins Mills & Olson PLC

Daniel A. Small, Partner, Cohen, Milstein, Hausfeld & Toll PLLC

12:15 p.m. – Luncheon Address: The Future of Antitrust Enforcement: Public and Private

An analysis of how the 2008 Presidential election results could affect antitrust policy.


Katherine Kinsella, President, Kinsella/Novak Communications, LLC


Einer R. Elhauge, Petrie Professor of Law, Harvard Law School

1:45 p.m. - Associated General Contractors: Implications for States and Private Actions

A discussion of challenges relating to standing in indirect purchaser class actions.

Kathleen E. Foote, Senior Assistant Attorney General, Chief, Antitrust Section, California Department of Justice

Daniel E. Gustafson, Partner, Gustafson Gluek PLLC


2:30 p.m. – How Private Enforcement in Europe Will Change the Antitrust World

With European nations beginning to introduce private remedies, how will this change the role of U.S. firms and the development of antitrust law?

Michael Hausfeld, Partner, Cohen Milstein Hausfeld & Toll PLLC

3:00 p.m. - Judicial Resolution of Contested Facts in Antitrust Cases

An examination into the possibility of a disturbing new trend in jury-avoidance.

Joshua P. Davis, Professor and Director, Center for Law and Ethics, University of San Francisco School of Law

Eric L. Cramer, Shareholder, Berger & Montague, P.C.

3:30 p.m. - Has Daubert Become an Unfair Method of Competition?

An economist and legal practitioners discuss the implications of Daubert relating to the standards for the admissibility of expert testimony and economic evidence in antitrust cases.


James Langenfeld, Director, LECG


Peter B. Nordberg, Shareholder, Berger & Montague, P.C

Joseph R. Saveri, Partner, Lieff Cabraser Heimann & Bernstein

4:15 p.m. – Closing

Bert Foer, President, American Antitrust Institute



Thursday, December 11, 2008. 9:00 am – 4:30 pm. Continental breakfast and lunch (Sponsored by Rust Consulting) will be served.


National Press Club, Holeman Lounge

529 14th St. NW, 13th Floor - Washington, DC 20045


There is no cost for the program, but seating is limited and we are requiring registration in advance. Please complete the registration form before Monday, November 24, 2008.


This is an invitational symposium. To request additional invitations, or to transfer your invitation, please contact AAI at

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