The Litigation Consulting Report

Antitrust Litigation Graphics: Explaining Complex Information Simply

Posted by Ken Lopez on Wed, Oct 3, 2012 @ 07:40 AM

 

antitrust litigation graphics price fixing monopolyby Ken Lopez
CEO & Founder
A2L Consulting

Since antitrust litigation is inherently complex and juries frequently have to decide antitrust cases, litigation graphics in these cases are especially important. Quite often, sums in the nine or even ten figures can be at issue in a major antitrust case – or corporate executives can be charged with criminal antitrust violations that can land them in federal prison if they are convicted.

Antitrust cases can be brought by the government – including the U.S. Department of Justice, which has the ability to bring criminal antitrust cases; the Federal Trade Commission; and state attorneys general. They can also be brought by private parties that allege that they were damaged monetarily by a price-fixing or similar conspiracy, by a merger or acquisition, or by some other possible antitrust violation.

We work, in different cases, for the government and for corporations that have been accused by the government or by other corporations or individuals of entering into price-fixing conspiracies, engaging in cartel activity, or planning a merger or acquisition that is likely to reduce competition in a particular industry.

Like patent litigation, which in recent years has begun to overlap with antitrust litigation, antitrust cases require special assistance from those familiar with modern trial presentation and litigation graphics.

Often a conspiracy must be proved by inference because conspirators understandably try not to leave a clear paper or electronic record of their conspiracy. Accordingly, when we are on the side that is trying to show that a conspiracy existed, we create convincing antitrust litigation graphics that set forth the time and participants of key emails and telephone calls from which an illegal conspiracy can be inferred. Courts have made it clear that juries are allowed to infer the existence of a conspiracy from repeated contacts between corporations and the corporations’ behavior at the time. We put that information in front of a jury in a very convincing way. See these antitrust litigation graphics below:

If we are on the plaintiff side in a class v. corporation dispute, our work is similar to a criminal antitrust case. However one obvious difference is that our focus in a civil dispute is on proving causation and damages, not the elements of a crime. The antitrust litigation graphics below helped establish the existence of conspiracy by looking at the timing of price change announcements among a group of competitors in one industry:

A price-fixing conspiracy often involves a complex web of participants, all of whom are interrelated in some way and all of whom must coordinate their activities. Our litigation graphics make it easy to understand how a conspiracy got started, who was involved, and how the various parties are related to each other.

In cases involving the Hatch-Waxman Act and issues involving the expiration of pharmaceutical patents and competition between branded drug companies and generic manufacturers, our antitrust litigation graphics can illuminate a complicated industry and a complex regulatory scheme as below:

 

Other helpful resources on A2L Consulting's site related to antitrust litigation graphics:

Tags: Trial Graphics, Litigation Graphics, Trial Presentation, Courtroom Presentations, Litigation Consulting, Demonstrative Evidence, PowerPoint, Antitrust Litigation

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    Authors

    KenLopez resized 152

    Ken Lopez founded A2L Consulting in 1995. The firm has since worked with litigators from all major law firms on more than 10,000 cases with over $2 trillion cumulatively at stake.  The A2L team is comprised of psychologists, jury consultants, trial consultants, litigation consultants, attorneys and information designers who provide jury consulting, litigation graphics and trial technology.  Ken Lopez can be reached at lopez@A2LC.com.


    ryanflax blog litigation consultant 

    Ryan H. Flax, Esq., Managing Director, Litigation Consulting, joined A2L Consulting on the heels of practicing Intellectual Property (IP) law as part of the Intellectual Property team at Dickstein Shapiro LLP, a national law firm based in Washington, DC.  Over the course of his career, Ryan has obtained jury verdicts totaling well over $1 billion in damages on behalf of his clients and has helped clients navigate the turbulent waters of their competitors’ patents.  Ryan can be reached at flax@a2lc.com.


    dr laurie kuslansky jury consultant a2l consulting
    Laurie R. Kuslansky, Ph.D, Managing Director, Trial & Jury Consulting, has conducted over 400 mock trials in more than 1,000 litigation engagements over the past 20 years. Dr. Kuslansky's goal is to provide the highest level of personalized client service possible whether one's need involves a mock trial, witness preparation, jury selection or a mock exercise not involving a jury. Dr. Kuslansky can be reached at kuslansky@A2LC.com.

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