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American Bar Association

  Antitrust Litigation


LePage's, Cascade Health Solutions, and a Bundle of Confusion

By Jeff Jaeckel

The law for bundled discounts is more than just unsettled; it is a mess.

Section 2 Bundling Claims: Plaintiffs Be Scared, or Bundlers Beware?

By Bradley C. Weber and Ellen Miers Peeples

Iqbal and Twombly have made it difficult for antitrust plaintiffs to predict what any given court will require them to plead.

Economics and the Attribution Test for Bundled Discounting

By Sean Durkin

The method for determining anticompetitive bundle pricing is flawed and can yield false negatives.

Do Twombly and Iqbal Apply to Affirmative Defenses?

By Carla R. Walworth, Mor Wetzler, and Jessica Oliva

With little guidance from the courts, the old adage applies: Know your judge.

Travel Agents Appeal Airline Price-Fixing Decision to Supreme Court

By Rebecca Thai

If the U.S. Supreme Court grants certiorari, it will revisit the precedent-setting pleading standard set in Bell Atlantic Corp. v. Twombly.

Persuasive Brief Writing in Antitrust Cases: How to Win the Paper War

By Douglas F. Broder

Antitrust civil cases have been less likely than the typical federal case to go to trial. Now, fewer federal civil cases of any kind are going to trial.

Tag-Along Litigation: When an Indirect Purchaser Wants a Free Ride

By Amanda P. Reeves and Eric J. McCarthy

Illinois Brick gives a bright-line rule barring damage claims by indirect purchasers. But it does not preclude them from pursuing injunctive relief.

Voir Dire in the Antitrust Case

By Jeffrey August Beaver

Knowledge gained from complex antitrust cases can be used to effectively voir dire the antitrust jury. This skill has many advantages for their clients.

Making the Appellate Record While Persuading the Jury

By Gregory Huffman

Trying a tedious antitrust case is like recording a performance in stereo—one track with stories and themes, the other for the facts and explanations.

Trying an Antitrust Class Action

By Jerry L. Beane

Hopefully this article will be of assistance to lawyers prosecuting a class action, but its suggestions are not limited to antitrust class actions.

Trial Fundamentals and Strategies for the Civil Antitrust Attorney

By Thomas J. Horton

Seize the initiative and make the extra effort necessary to become a capable antitrust trial attorney.