October 20, 2021

Daniel McCuaig, a Partner in Cohen Milstein’s Antitrust practice has been invited to speak at the American Antitrust Institute’s Competition Roundtable: The Darkest Side of Rising Concentration — Fear and Retaliation in Antitrust. The CLE program will take place on October 20, 2021 at 12:00 - 2:00 p.m. EST.

Mr. McCuaig and other experts will address the issue of rivals, suppliers, distributors and customers facing the prospect of retaliation by the dominant companies whose practices they challenge. In an economy increasingly populated by monopolies, oligopolies, and platforms that serve as gatekeepers for entire industries, fear of losing access to markets, key contracts, or even one’s livelihood has never posed a greater threat to healthy competition and sound antitrust enforcement.

Specifically, the moderated AAI Roundtable will address implications of the problem of fear and retaliation in bringing and litigating public and private antitrust cases. They will discuss how threats posed by dominant firms and oligopolies shape the business behavior of rivals, partners, and customers and explore the dynamics that make fear and retaliation an increasingly potent concern for antitrust enforcement.

The discussion will conclude by examining strategies and policy tools for overcoming the obstacle to effective antitrust enforcement posed by fear and retaliation, especially in regard to protecting plaintiffs and witnesses. This includes how public and private antitrust enforcement and regulatory policy can work together through increased coordination, rulemaking authority, and legislative action to provide a pathway for plaintiffs and witnesses to come forward with evidence of antitrust violations, without risking their livelihoods and their businesses.

For more information on the AAI and this CLE program, please click here.