AAI’s 14th Annual Private Antitrust Enforcement Conference: Through New Eyes

AAI’s 14th Annual Private Antitrust Enforcement Conference: Through New Eyes

Brooke Harmer

Brooke Harmer

Michael Smith

Michael Smith

Recently, we both had the pleasure of attending AAI’s 14th Annual Private Antitrust Enforcement Conference. As young professionals who entered a field heavily focused on antitrust litigation earlier this year, our first AAI conference was a very informative experience. Despite this event transitioning online due to the COVID-19 pandemic, it truly seemed like the show carried on without missing a beat, and the communal feel surrounding this conference was undeterred by this transition.

This conference had a clear emphasis on diversity in the workplace and the strides we can take to achieve a representative workforce. An example that was used was “The Intel Rule,” which refers to Intel’s commitment to only work with outside counsel having at least 21% of their U.S. equity partners as women and at least 10% of their equity partners as underrepresented minorities. Intel believes if they “want to shape the future of technology, [their] workforce must be representative of that future.” This concept is applicable to any industry, including our own, in that if we are going to solve complex problems, we need diverse perspectives. By having a more diverse workforce, we are also able to look at our cases in different lights to find more creative solutions and better represent the people who our cases affect.

In the session titled “Leading Voices in Private Enforcement: Insights on Bringing and Litigating Successful Antitrust Cases,” which was moderated by Judith Zahid with panelists Dena Sharp, Eric Cramer, Dan Gustafson, and Kellie Lerner, the discussion on what makes a good expert was also enlightening and especially relevant to us at Infotech. As an expert, it is essential to be able to explain complex topics in a way that is simple to understand. This concept has been reflected at every level of our team through all phases of our projects. Each person on our team has specialized skills, so to be able to make a complicated topic understandable for every person on the team ensures that a jury will likely also be able to follow our logic. Additionally, good experts always prioritize honesty. This is a core Infotech Consulting value, and it comes naturally for us. We represent both plaintiffs and defendants, allowing the data to tell its truth, and we choose to work on cases in which we honor that truth. For this reason, we select our cases just as much as they select us.

Within the same session, there was a segment discussing advice for up and coming associates. Although we are not associates at a law firm, much of this advice was still very relevant to us as recent hires. When starting out in a new field full of so many complex and fascinating topics, it is easy to get intimidated by how much you may not know. However, the antidote to this intimidation is the privilege of being able to surround ourselves with a supportive team that gives us confidence. During the discussion, the following idea was raised: “ When working with a new associate, start with the idea that this is the next star; if you have hired them, you must already believe they can be.” Another related concept was stated plain and simply: “It is okay to lose. It is okay to make mistakes.” These are sentiments that the Infotech Consulting team strongly echoes, and it has been clearly showcased in the way we have been treated in our first few months on the job. Although we can only hope to one day reach star status, being able to immerse ourselves in an uplifting environment makes it even easier to find engagement with and passion for our work.

Speaking of passion, this conference clearly had a lot of it. It is evident that the AAI community has a purpose far greater than itself: promoting the well-being of fair, competitive business practices. It is refreshing (to say the least) to be able to work in a field in which we can positively affect social outcomes through our efforts, and it makes waking up in the morning all the more motivating. The sense of camaraderie surrounding this conference in support of the greater good really affirmed to us a sense of belonging.

The communal feel of the AAI extends beyond the boundaries of work. Some of the most memorable moments of the conference came from honoring the life of Hollis Salzman. Although we did not have the pleasure of knowing Hollis, it is evident that she left a positive impact on so many people, including our colleagues at Infotech Consulting who speak so highly of her. If we left the 14th Annual Private Antitrust Enforcement Conference knowing one thing was certain, it was that this impact will surely carry on for many years to come.

Infotech Businesses Aid in $101.35 Million Settlement for West Virginia DOT

Infotech houses two distinct operating businesses, Systems and Consulting. However, both businesses were born out of one request by the Florida Attorney General 42 years ago: can computerized statistical techniques be developed to detect bid rigging in public procurement?  The answer was yes, and Systems has been working with individual states ever since to make the highway construction industry more efficient and competitive while Consulting has been successfully helping states estimate damages when bid rigging is detected. This collaboration between businesses is still making an impact today, most recently in West Virginia. 

In 2014, the Assistant Director of the West Virginia Department of Highways felt there were significant issues in their bidding process. After a preliminary analysis in 2015, Infotech began a thorough analysis of West Virginia AASHTOWare Project BAMS/DSS™ data going back to 1996. Infotech also obtained comparison data with cooperation from surrounding states including Ohio, Kentucky, Virginia, Pennsylvania and Maryland. 

Data revealed that certain parts of the state were not competitive and, as a result, the West Virginia Attorney General and the Department of Transportation filed suit in 2017 against big name asphalt companies. Defendants attacked the reliability of the BAMS/DSS data and the subsequent analysis, but expert statistical consultant and Infotech co-founder Dr. Jim McClave, and Jeff Derrer, Infotech Senior Business Analyst, vigorously defended the data through multiple depositions and held steadfast in their knowledge that the data could only be explained by collusive behavior. After years of litigation, the case settled for $103,500,000, the largest antitrust settlement in West Virginia history. This was a victory for West Virginia and for both businesses of Infotech.

State of West Virginia, ex rel. Patrick Morrisey, Attorney General and Paul A. Mattox, Jr. in his Official Capacity as Secretary of Transportation and Commissioner of Highways, West Virginia Department of Transportation, v. CRH Plc, Oldcastle Inc, et al. Case No. 17-C-41, Cir. Ct of Kanawha County, WV (2017)


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Antitrust Enforcement Trends Webcast – June 6, 2019

Antitrust Enforcement Trends Webcast – June 6, 2019

Antitrust Enforcement Trends in 2019: Practical Guide for Businesses

Speakers:

Robert Kneuper, Ph.D.
Expert Economist/Expert Consultant
Infotech Consulting

Howard Ullman
Of Counsel
Orrick, Herrington & Sutcliffe LLP

Megan Gerking
Of Counsel
Morrison & Foerster LLP

Jason D. Cruise
Of Counsel
Latham & Watkins LLP

KEY TOPICS:

  • An overview of the Recent Trends and Developments in Antitrust
  • The 2019 Antitrust Landscape
  • Practical Guides and Tips Explored
  • Common Risk and Pitfalls
  • What Lies Ahead

REGISTRATION:

Thursday, June 6, 2019
12:00 pm – 1:00 pm (ET)

First 30 seats FREEREGISTER HERE

Can’t attend? Register anyway and get the recording.

For more information, please visit The Knowledge Group website, call 1.800.578.4370 or email info@theknowledgegroup.org.

Antitrust Class Actions Webcast – Mar 4, 2019

Antitrust Class Actions Webcast – Mar 4, 2019

The Antitrust Class Actions Landscape: What’s In And What’s Out In 2019

Robert Kneuper, Ph.D.
Expert Economist/Expert Consultant
Infotech, Inc. | Consulting

KEY TOPICS:

  • Antitrust Class Actions – Statistics
  • Notable Cases in 2018
  • Recent Court Rulings and Developments
  • Best Compliance Practices
  • Practical Litigation Strategies

REGISTRATION:

Monday, March 4, 2019
4:00 pm – 5:00 pm (EST)

First 30 seats FREE REGISTER HERE

Can’t attend? Register anyway and get the recording.

For more information, please visit The Knowledge Group, call 1.800.578.4370 or email info@theknowledgegroup.org.

**If CE credit is needed, there is a minimal fee for processing. $50 for CLE, CPE, SHRM and other CE credit processing most states except $150 for CLE processing in Washington. $125 for CLE processing in the state of Virginia. $85.00 for CLE processing in Nevada and Texas. $75 for CLE and HRCI processing in Montana and South Carolina. Late penalty fee for IL not included.