Antitrust class action price-fixing claims are among the most costly corporate litigation your company or client can face. In many cases, plaintiffs seek to plead and prove the alleged cartel through alleged indirect evidence, such
as market conditions that seem inconsistent with price increases (falling demand, excess capacity, etc.), antitrust violations in foreign jurisdictions, trade association activities, and the defendants’ ambiguous business
documents regarding buy/sell relationships with competitors, competitive intelligence and other ordinary course conduct. A panel of Pepper Hamilton litigators, joined by esteemed in-house counsel from a large international company,
will discuss what sorts of evidence (other than the proverbial smoking gun) often come back to haunt firms accused of participating in a cartel. When should in-house counsel’s antennae go up that some action should be considered
to mitigate the risks of potential antitrust claims or government investigations? What can in-house counsel do to mitigate those risks?
Additionally, the program will cover the Antitrust Criminal Penalty Enhancement and Reform Act (ACPERA). What is it? Why is it such a valuable weapon in the Antitrust Division’s battle against cartels? What should companies
and counsel know about ACPERA?
Moderator
Barbara T. Sicalides, Partner, Pepper Hamilton LLP
Panelists
Benjamin J. Eichel, Associate, Pepper Hamilton LLP
Carol M. Gray, Vice President, Deputy General Counsel and Secretary, Saint-Gobain Corporation
Michael J. Hartman, Associate, Pepper Hamilton LLP
CLE credit available in CA, NY, PA, VA (pending), NJ (credit available through reciprocity).
Content contributed by attorneys of Troutman Sanders LLP and Pepper Hamilton LLP prior to July 1, 2020, is included here, together with content contributed by attorneys of Troutman Pepper (the combined entity) after the merger date.