Don’t Shoot the Messenger: Information Exchange and the Sherman Antitrust Act (Presented by The Federal Bar Association Annual Meeting & Convention 2025 sponsor Gustafson Gluek PLLC)

Tony Stauber
Tony Stauber
Gustafson Gluek PLLC

Tony Stauber is an associate at Gustafson Gluek practicing in the firm’s antitrust group, representing individuals, consumers, and businesses in class action litigation challenging anticompetitive and illegal conduct by some of the largest institutions in the world.

Bailey Twyman-Metzger
Bailey Twyman-Metzger
Gustafson Gluek PLLC

Bailey Twyman-Metzger is an associate at Gustafson Gluek practicing in the firm’s antitrust group, representing individuals, consumers, and small businesses harmed by multinational corporate giants in class action litigation nationwide.

Live Video-Broadcast: October 2, 2025

1 hour CLE

Tuition: $395.00
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Program Summary

Tony Stauber and Bailey Twyman-Metzger from Gustafson Gluek will present an opening and up-to-date analysis of information exchanges in antitrust law. They will discuss the established caselaw on how information exchange exists in Section 1 Sherman Act violations, and then survey the recent updates, including the Agri Stats protein and wage-fixing cases, the DOJ statements of interest in Pork, Realpage, Granulated Sugar, the Las Vegas/Atlantic City algorithmic price-fixing cases, and other related developments with an eye towards providing foundational information for antitrust and non-antitrust practitioners alike.

Presented by The Federal Bar Association Annual Meeting &  Convention 2025 sponsor Gustafson Gluek PLLC

Key topics to be discussed:

  • Antitrust and Competition Law
  • Information Exchanges
  • Price-Fixing and Wage-Fixing

Date / Time: October 2, 2025

  • 2:00 pm – 3:00 pm Eastern
  • 1:00 pm – 2:00 pm Central
  • 12:00 pm – 1:00 pm Mountain
  • 11:00 am – 12:00 pm Pacific

Closed-captioning available

Speakers

Tony Stauber, Associate | Gustafson Gluek PLLC

Tony Stauber is an associate at Gustafson Gluek practicing in the firm’s antitrust group, representing individuals, consumers, and businesses in class action litigation challenging anticompetitive and illegal conduct by some of the largest institutions in the world. Mr. Stauber is currently part of the Gustafson Gluek team acting as co-counsel in such cases as In re Broiler Chicken Antitrust Litigation (N.D. Ill.) and In re Cattle and Beef Antitrust Litigation (D. Minn.), pursuing price-fixing claims in the chicken and beef industries, respectively and Ray v. NCAA (E.D. Cal.), representing a certified class of former Division I athletics coaches who were victims of wage-fixing by the NCAA. In addition to antitrust, Mr. Stauber also practices in the arena of civil rights, including class actions and individual litigation.

Mr. Stauber is an active member of the Committee to Support the Antitrust Laws (COSAL), and currently serves as the Co-Chair of the Amicus Committee. In that role, Mr. Stauber has organized and drafted several amicus briefs on cutting-edge issues in antitrust law, including those involving algorithmic pricesetting. Mr. Stauber graduated magna cum laude from Mitchell Hamline School of Law and is an active member of the National Speech and Debate Association and the Minnesota State High School League as a speech and debate coach.

 

Bailey Twyman-Metzger, Associate | Gustafson Gluek PLLC

Bailey Twyman-Metzger is an associate at Gustafson Gluek practicing in the firm’s antitrust group, representing individuals, consumers, and small businesses harmed by multinational corporate giants in class action litigation nationwide. She is passionate about assisting her clients and the class members that they represent to preserve their rights in the face of wrongful corporate conduct. Ms. TwymanMetzger is a member of the Gustafson Gluek team serving as co-lead counsel in cases such as In re Cattle and Beef Antitrust Litigation (D. Minn.), pursuing price-fixing claims in the beef industry, and In re Fragrances Indirect Purchaser Antitrust Litigation (D.N.J.), pursuing collusion and price-fixing claims in the global fragrance and fragrance ingredients market. She also practices in the areas of consumer protection and data breach litigation.

Ms. Twyman-Metzger is a 2018 cum laude graduate of the University of Minesota Law School, where she served as lead symposium editor for the Minnesota Journal of Law & Inequality and student director of the University of Minnesota Human Rights Litigation and International Legal Advocacy Clinic. Prior to joining Gustafson Gluek, Ms. Twyman-Metzger worked in the area of international human rights, including on businesses and human rights and the economic harms associated with the denial of women’s and LGBTQI human rights. She is an active member of the Committee to Support the Antitrust Laws (COSAL), Minnesota Lavendar Bar Association, and Minnesota Women Lawyers, and was most recently recognized as an Up & Coming Attorney by Minnesota Lawyer magazine for 2025.

Agenda

I. The Sherman Act | 2:00pm – 2:10pm

II. Role of Information Exchanges in § 1 Conspiracies | 2:10pm – 2:20pm

  • Per Se violations – plus factors
  • Rule of Reason conspiracy to exchange information claims

III. Background Cases | 2:20pm – 2:30pm

IV. New Role of Information Exchange | 2:30pm – 2:40pm

  • Third party conduits
  • Algorithmic price-setting
  • DOJ statements of interest

V. The Inconsistent Findings in Recent Case Law | 2:40pm – 2:50pm

VI. Conclusion | 2:50pm – 3:00pm

Credits

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1 General

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Approved for CLE Credits
1 General

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Approved for CLE Credits
1 General

California

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1 General

Colorado

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1 General

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1 General

District of Columbia

No MCLE Required
1 CLE Hour(s)

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1 General

Florida

Approved via Attorney Submission
1 General Hours

Receive CLE credit in Florida via attorney submission.
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1 General

Hawaii

Approved for CLE Credits
1.2 General

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1 General

Idaho

Pending CLE Approval
1 General

Illinois

Pending CLE Approval
1 General

Indiana

Pending CLE Approval
1 General

Kansas

Pending CLE Approval
1 Substantive

Kentucky

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1 General

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1 General

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No MCLE Required
1 CLE Hour(s)

Maryland

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1 CLE Hour(s)

Maine

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1 General

Michigan

No MCLE Required
1 CLE Hour(s)

Minnesota

Pending CLE Approval
1 General

Missouri

Approved for CLE Credits
1.2 General

Mississippi

Pending CLE Approval
1 General

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1 General

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1 General

North Dakota

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1 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
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1 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
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60 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
1.2 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

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1 General

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1 General

New York

Approved for CLE Credits
1.2 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

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1 General

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1 General

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Pending CLE Approval
1 General

Pennsylvania

Approved for CLE Credits
1 General

Rhode Island

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1 General

South Carolina

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1 General

South Dakota

No MCLE Required
1 CLE Hour(s)

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1 General

Texas

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1 General

Utah

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1 General

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1 General Hours

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1 General

Washington

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1 Law & Legal Hours

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1.2 General

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